FREE SPEECH AT THE COST OF $3.5M

By Hector Rodriguez

MAPLEWOOD, NJ – A student from Columbia High School is claiming damages of $3.5 million from the School district for wearing a shirt deemed inappropriate by school officials.

On June 2, 2000, Susan Taylor, a junior student at Columbia HS, came to school wearing a T-shirt with “Proud To Be An Atheist” emblazoned on the front. School officials were quick to respond to Taylor’s outfit and views by placing a 3 week suspension from school activities.

Historian David Kasper was the first school official to notice the shirt. He approached the student prior to their third period class and acted immediately by sending Taylor to Principal Jan Gorlin’s office. Gorlin then demanded that Taylor proceed to the girls’ locker room and change shirts. Taylor refused, citing the First Amendment right to freedom of expression on public property.

Gorlin notified Taylor’s parents and a security guard removed Taylor from the premises. The 3 week suspension was issued for disobedience and interfering with other students to perform in a friendly environment. $2.5 million is expected to come out of compensatory damages. Another part of Taylor’s defense claims that security used force to keep her out of the school building and requests an extra $1 million from punitive damages.

Taylor’s main argument for freedom of speech and expression comes from the precedent Supreme Court case, Tinker v. Des Moines School District of 1969. In this case, 3 high school students wore black armbands in protest of the Vietnam War. The Supreme Court ruled in favor of the students, stating that the act of wearing armbands was quiet and passive, and not inciting to a riot. Part of the ruling also states that any prohibition to such an expression of opinion without evidence that school discipline is being interfered with, or that the rights of other students are in danger, school officials can not act to ban students or articles of expression.

Taylor’s attorney, Nicholas Sullivan, is working with Columbia High School in trying to work out a settlement. However, the District is insistent that Susan serve her suspension and never wear the T-shirt again on school property. Sullivan found the request unacceptable.