by: Michael Smith

NEWARK, NJ –Freedom of expression and the separation of church and state are once again in the legal spotlight. This time it is in a New Jersey public school.

Susan Taylor, a junior at Columbia High School in Maplewood, NJ filed suit yesterday in federal court against the School District of Maplewood/South Orange. She claims that her First Amendment right to freedom of expression was violated on June 2, 2000 when she was confronted and subsequently suspended for wearing a t-shirt that school officials deemed inappropriate for school.

The t-shirt in question, bore the words “Proud to be an Atheist” on the front of it. Taylor was told by the school’s principal, Jan Gorlin, to go to the girls’ locker room and change her shirt. When she refused, Gorlin phoned Taylor’s parents and had her escorted from the building by security.

Taylor alleges that Gorlin told her that “We all believe in God at this school – there’s no room for someone like you here.” Gorlin denied making the comment.

Following her removal from the school, Taylor was suspended for three weeks, a punishment that was ultimately upheld by the school district.

In her suit, Taylor also alleges that she was pushed and shoved while being escorted out of the building by security on the day in question and was told by David Kasper, a teacher at Columbia for 22 years, that she was “going straight to hell.” Kasper was unavailable for comment.

Taylor has cited the Vietnam-era case, Tinker et al. v. Des Moines Independent School District et al. as a precedent that solidifies her legal right to wear the t-shirt to school. In the case, the Supreme Court declared that students protesting the war by wearing black arm bands were within their rights to do so and the school could not prohibit such an action, provided that it did not interfere with school activities. She contends that her shirt was not a disruption to school or the students and she is seeking $2.5 million in punitive damages, $1 million in compensatory damages, as well as an abrogation of her suspension.

Taylor’s attorney, Nicholas Sullivan said that the two sides are working on a settlement, but the school district is insisting that Taylor serve her suspension and agree to never wear the contentious t-shirt to the school again. Sullivan said that he rejected the offer. The District was unavailable for comment.