10-2485 & 10-3635 Zamecnik v. Indian Prairie School Dist. # 204

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Constitutional Law
Freedom of speech; schools

A school cannot prohibit students from wearing t-shirts that say, “Be Happy, Not Gay.”

“[A] school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality. The school argued (and still argues) that banning ‘Be Happy, Not Gay’ was just a matter of protecting the ‘rights’ of the students against whom derogatory comments are directed. But people in our society do not have a legal right to prevent criticism of their beliefs or even their way of life. R.A.V. v. City of St. Paul, supra, 505 U.S. at 394; Boos v. Barry, 485 U.S. 312, 321 (1988). Although tolerance of homosexuality has grown, gay marriage remains highly controversial. Today’s high school students may soon find themselves, as voters, asked to vote on whether to approve gay marriage, or to vote for candidates who approve of it, or ones who disapprove.”

Affirmed.

10-2485 & 10-3635 Zamecnik v. Indian Prairie School Dist. # 204

Appeals from the United States District Court for the Northern District of Illinois, Hart, J., Posner, J.

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