General Discussion
In reply to the discussion: Junior high teacher tells kid to remove Marines t-shirt or get suspended (has guns on it) [View all]onenote
(42,702 posts)Not all depictions of guns can be viewed as so disruptive to the school environment as to justify a ban. In constitutional parlance, such a ban would be overinclusive.
On the other hand, a ban that exempted any shirt that depicted guns so long as it referenced the military would fail on constitutional grounds as well.
It depends on the total context. In another post, I attached pictures of three shirts that depict guns and reference the military. I can't imagine a ban that applied to the first one being upheld. The second one almost certainly could be banned whether it referenced the military or not. The third one, which is the shirt in this case, falls in between the two but I believe that if a case based on that shirt being banned ever made it to the Supreme Court, the school's effort to ban it would fail.