First Amendment topicsAbout the First Amendment
News Story
S.D. school confiscates teens' medical-marijuana T-shirts

By The Associated Press

RAPID CITY, S.D. — Two Rapid City high school students who showed up to school wearing T-shirts advocating passage of South Dakota's medical-marijuana ballot issue have had those shirts confiscated.

A security guard told the two Stevens High School seniors to remove the shirts as they went to their first class on Oct. 20. The principal, Katie Bray, confiscated the shirts.

The students, David Valenzuela, 17, and Chris Fuentes, 18, said the confiscation violated their rights to political free speech.

But Peter Wharton, Rapid City superintendent, said it had nothing to do with free speech and everything to do with violating a policy forbidding clothing that displays images of alcohol, drugs or tobacco products on school grounds.

"Unequivocally, no. It had nothing to do with political speech," he said.

The green T-shirts featured an image of a marijuana leaf and the message "Vote Yes on Initiated Measure 4."

Students can wear political T-shirts as long as administrators determine the clothing is appropriate, Wharton said.

Some have worn T-shirts urging passage of South Dakota's abortion ban.

"We had been seeing all these abortion shirts at school, and we thought, OK, I guess we can get political," Valenzuela said.

The wording on Valenzuela's and Fuentes' T-shirts is allowed but the image of the marijuana leaf is not, Wharton said. Any student can advocate for passing the medical-marijuana measure as long as a drug insignia is not used, he said. "Advocate to your heart's content, but don't use a marijuana leaf to do it. It's against school policy."

Valenzuela said the action was unfair. "We're trying to get our viewpoint out and tell people what it (Initiated Measure 4) is, and we can't. We're just trying to spread Measure 4."

The picture of the marijuana leaf should be protected as political speech, said Valenzuela, who added that he was campaigning for a ballot issue, not promoting the use of an illegal drug.

"That's absurd," Wharton said. "I'm not even going to dignify that argument with a response."

Principal Bray returned the shirts to the students at the end of the school day. Valenzuela said she threatened them with suspension from school if they wore the shirts to class again.

"We were afraid of being expelled," he said.

"Then, I would have gotten involved," said Christine Horan, Valenzuela's mother. She said she supported her son's decision to wear the shirt but made him wear another shirt underneath it, just in case.


Court sides with school on student's T-shirt

But in ruling school had right to make student cover images of drugs and booze, judge also says words are protected and that disciplinary action should be removed from student's record. 12.28.04

9th Circuit backs teen's right to display 'Bong Hits 4 Jesus' banner
Unanimous three-judge panel overturns lower court ruling, finds Alaska school officials violated Joseph Frederick's free-speech rights. 03.13.06

9th Circuit: High school can bar anti-gay T-shirt — for now
Panel majority says teen's First Amendment claims will likely fail in lower court; Judge Alex Kozinski writes blistering dissent. 04.21.06

Court dresses down Vt. school over censorship of boy's T-shirt
2nd Circuit panel rules 3-0 that Zachary Guiles' First Amendment rights were violated when he was ordered to cover parts of anti-Bush shirt. 08.31.06

Meaning of 'plainly offensive' speech anything but clear
By David L. Hudson Jr. Federal circuits are split over how to apply 1986 Supreme Court decision on student expression. 09.20.06

Clothing, dress codes & uniforms

News summary page
View the latest news stories throughout the First Amendment Center Online.

print this   Print

Last system update: Thursday, August 21, 2008 | 13:58:10
About this site
About the First Amendment
About the First Amendment Center
First Amendment programs
State of the First Amendment

First Reports
Supreme Court
First Amendment publications
First Amendment Center history
Freedom Singsā„¢
First Amendment

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment

Lesson plans
Contact us
Privacy statement
Related links