United States Eighth Circuit

In a suit by high school students alleging violation of their First Amendment rights through actions taken against them for wearing articles of clothing depicting the Confederate flag, summary judgment for defendants is affirmed where:1) school officials, considering recent instances of racial tension in the school, could reasonably forecast a substantial disruption resulting from any display of the Confederate flag; and 2) the school's actions did not contravene the Missouri strip search statute, since the statute allows school officials to direct the removal of an emblem that is worn in a manner that promotes disruption.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

• SMITH, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Herman, argued, Lawrence J. Altman, on the brief, St. Louis, MO, for appellant., Mark L. Gross, Teresa Kwong, and Lisa Wilson Edwards, DOJ, Washington, DC., for United States as Amicus Curiae.


• For Appellees:
  
• Thomas A. Mickes, argued, Sarah A. Wight, on the brief, St. Louis, MO, for appellee.