United States Second Circuit

Refusal to enjoin defendant school officials from enforcing dress code regarding plaintiff student's T-shirt, depicting President George W. Bush as a "chicken-hawk" and substance abuser, is reversed where the images depicted are not plainly offensive as a matter of law especially when considering that they are part of an anti-drug political message, the censorship of the images violated plaintiff's free speech rights and, because he was entitled to an injunction to allow wearing the T-shirt, the order to expunge his suspension is affirmed.

Appellate Information

• Argued 10/28/2005
• Decided 08/30/2006
• Published 08/30/2006

Judges

• CARDAMONE, Circuit Judge., Before CARDAMONE, POOLER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen L. Saltonstall, Barr, Sternberg, Moss, Lawrence, Silver & Saltonstall, P.C., Bennington, VT (David J. Williams, Sleigh & Williams, St. Johnsbury, VT, of counsel;  ACLU Foundation of Vermont, Inc., cooperating attorney), for Plaintiff-Appellant-Cross-Appellee., Anthony B. Lamb, Burlington, VT (Mary L. Desautels, Lamb & Desautels, Attorneys at Law, P.C., Burlington, VT, of counsel), for Defendants-Appellees-Cross-Appellants.