United States Sixth Circuit

In an action brought by high school students in Tennessee desiring to express their southern heritage by wearing clothing depicting the Confederate flag at school and raising First Amendment, Equal Protection Clause, and Due Process Clause claims, summary judgment for defendants-principal and other officials is affirmed where: 1) the school reasonably forecasted that images of the Confederate flag would substantially and materially disrupt the school environment; 2) the dress code's ban on racially divisive symbols, as enforced against the Confederate flag, is narrowly tailored to a substantial government interest; and 3) plaintiffs forfeited their due process claim.

Appellate Information

• Decided 08/20/2008
• Published 08/20/2008

Judges

• Before:  MOORE and CLAY, Circuit Judges;  SCHWARZER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Van R. Irion, Law Offices of Van R. Irion, Knoxville, Tennessee, for Appellants.  LaJuana G. Atkins, Crawford, Crawford & Newton, Maryville, Tennessee, for Appellees.   ON BRIEF:  Van R. Irion, Law Offices of Van R. Irion, Knoxville, Tennessee, for Appellants.  LaJuana G. Atkins, Norman H. Newton, Jr., Crawford, Crawford & Newton, Maryville, Tennessee, Robert N. Goddard, Goddard & Gamble, Maryville, Tennessee, Gary M. Prince, O'Neil, Parker & Williamson, Knoxville, Tennessee, for Appellees.