Proud to be an Atheist?

Proud to be an Atheist?

Susan Taylor, a junior at Columbia High School a public school in Maplewood will be sitting the next few weeks out at home instead of in school learning. It all started on June 2, 2000 when Susan decided to wear a t-shirt to school which said “Proud to be an Atheist.” Susan had made it though the first two periods of school without a hitch, but once she reached third period history that all changed.
David Kasper, Susan’s history teacher has taught at Columbia High for 22 years. It was in history class that Susan says Kasper confronter her about the T-shirt, and sent her to this principal’s office, but not before he allegedly said she was “going straight to hell.”
Susan told us “I couldn’t believe he said that. I was just trying to express a different point of view.”
Susan tells us she was then met in the office by Jan Gorlin, the school’s principal. Susan says Gorlin asked her to change her T-shirt, but when she refused Gorlin supposedly demanded. That is when Gorlin allegedly told Susan, “we all believe in God at this school- there’s no room for someone like you here.”
We spoke to Gorlin over the phone about that comment. Gorlin had this to say, “I never said that to Susan. I’ve been an educator for nearly 30 years. I would never hurt a student like that.”
When Susan continued to refuse to change her T-shirt, Gorlin called Susan’s parents, and had her removed from the building by a security guard, who Susan claims in her suit, pushed and shoved her until she was out of the building. Susan was suspended for three weeks.
Susan is suing the School District of Maplewood/South Orange for violating her First Amendment right to free expression. The suit was filed in Newark, NJ federal court on June 26, 2000. She is suing to overturn her suspension, and is also seeking $1 million in compensatory damages, and $2.5 million in punitive damages from the School District.
The School District upheld the suspension, and also answered Susan’s complaint by saying that the school officials have the right to run the school and to maintain order.
We spoke to the District attorney on the case, Eileen Bauer, who told us “The courts have no authority to manage the day-to-day operations of a school.” According to Tinker v. Des Moines School District, though the Supreme Court decided in 1969 that so long as one expresses themselves quietly and passively, does not impinge upon rights of others they cannot be forced not to wear something. The Supreme Court also stated in that opinion that “prohibition against expression…of opinion without evidence the rule is necessary to avoid substantial interference with school discipline or the rights of others” is unconstitutional.
Citing this ruling Susan claims that her T-shirt did not disrupt her cases and caused only a few comments from other students during the time she was in school on May 10 when she had previously worn the shirt to school.
Susan’s attorney, Nicholas Sullivan, says the parties are trying to reach a settlement. According to Sullivan the District insists Susan serve her entire suspension and never wear the T-shirt to school again. Sullivan said he rejected the offer. Discussions will continue to try and reach a settlement, while Susan awaits a court date.
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html