United States Fourth Circuit

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Hardwick v. Heyward, 12-1445

Summary judgment for defendant-school officials on plaintiff's 1983 action alleging violations of her First and Fourteenth amendment rights when defendants prohibited plaintiff from wearing, and on one occasion punished her for wearing, Confederate flag shirts at school is affirmed, where: 1) defendants complied with the requirements for regulating student speech as established under the substantial disruption test in Tinker v. Des Moines Independent Community School District, so plaintiff's First Amendment rights were not violated; and 2) the school dress codes and their enforcement did not violate the Fourteenth Amendment.

Appellate Information

  • Decided 03/25/2013
  • Published 03/25/2013

Judges

  • SHEDD

Court

  • United States Fourth Circuit

Counsel

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