Nicole Cuilis
Fact Pattern Civil Case - T-shirt Story

Alan Alda High School has learned that the debate over the First Amendment is alive and well, but the students did not have to turn to a textbook to be taught this lesson. The parents of a student at the school have filed suit in U.S federal court in Philadelphia when their daughter was suspended this past Friday, January 19, 2007 for wearing a t-shirt that was purportedly deemed offensive by the school’s principal, Mike Bauer. The case has called attention to the right of students to freedom of expression.
The student, 15-year-old sophomore Colleen Urban, was confronted about the message on her t-shirt that read, “If there is a God, she would end the war in Iraq” by her fifth period U.S history teacher, according to the girl’s parents. The U.S. history teacher, Jan Gorlin, allegedly made several remarks about the shirt commenting “I only teach students who really value what America stands for” and “you brought this on yourself-this would be so much easier if you just let God into your heart.”
According to the school district Colleen was suspended for “disrupting the educational environment.” This was after she supposedly refused to change her shirt upon being brought to the office of Maureen Reed, the vice principal. Colleen allegedly threw the Alan Alda High School t-shirt that she had been given to wear, hitting Reed in the face. It was at this point, that Principal Bauer called Colleen’s Parents.
In an interview on behalf of the school district Reed claimed that the administration was merely maintaining discipline in the classroom and that “We just wanted to ensure that Colleen’s action didn’t get in the way of learning.” She defended their actions stating that “We have every right to put a stop to potentially disruptive action.”
The parents have expressed frustration at the administration’s actions, however, calling into question why Colleen was not confronted about her shirt earlier in the day, and accusing Gorlin of grabbing their daughter by the arm while escorting her to the principal’s office. A school security guard also purportedly made Colleen wait outside in the freezing weather for her parents to pick her up after she was suspended. The girl’s mother defended her daughter commenting that “she’s not in a great frame of mind right now, but she really wasn’t trying to disrupt anything – she just wanted to state her opinion about the war.” Her father, Marty Urban, also stood behind his daughter’s actions asserting that “This is America isn’t it? All of us – and that include students – should be allowed to say what we want.”
The Urban’s attorney, Sheila McGee of the Wilmington, D.E. firm Tinker, Evers, and Chance, also provided a statement, “The school district’s right to maintain order ends when a student hasn’t disrupted anything.” She further commented that “Students do not leave their opinions and their rights to free expression at the schoolhouse gate.” While allegations have been made on both sides, one thing that is clear is that the importance of the First Amendment will be made apparent throughout the course of the case.