William Hart, a federal judge in the Northern District of Illinois, has just ruled that it is constitutional for a public school to prohibit a student from wearing a TV shirt that says “Be happy, not gay.” Below are some excerpts from the ruling in Zamecnik v. Indian Prairie School District. This case makes it very clear that the most basic right to free speech is under attack in public schools.
*1 Heidi Zamecnik and Alexander Nuxoll, high school students suing by their parents, move for preliminary relief to enjoin school officials from preventing them from expressing their opposition to homosexuality by engaging in a day of silence and expressing their views with a specific message. The issue before the court is very narrow. The school officials have made clear that they do not intend to prohibit plaintiffs from expressing opposition to homosexuality, but that they oppose only, as derogatory, the use of the phrase “Be Happy, Not Gay” on a t-shirt, button, or sticker. School officials indicate that a positively-worded phrase such as “Be Happy, Be Straight” would be acceptable. They liken the phrase “Be Happy, Not Gay” to expressions such as “Be Happy, Not Christian,” “Be Happy, Not Jewish,” or “Be Happy, Not Muslim,” which they say would be an offensive interference with the rights of other students and pose a risk of disruption in a secondary school setting where they are responsible for young students and an educational mission.
