(Washington Times) A 19 year old California student filed a religious accommodation request after she was ordered to remove a cross necklace because it may offend other students.
Audrey Jarvis was working for the schools Associated Students Productions at a student orientation fair when a Supervisor ordered her to take the necklace off FOX News reports.
It is well established that students retain their constitutionally protected 1st Amendment rights–this includes the right of students to wear T-Shirts other other religious symbols. See, Tinker -v- Des Moines Indep Community School District 393 U.S. 503 (1969) Burnside -v- Byars 363 F. 2d 744 (1966)
Accordingly the American Center for Law & Justice reports school officials do not have complete control over students, likewise students may not be compelled to only express sentiments that are ‘officially’ sanctioned–Schools may only restrict the free speech rights of students when it “materially or substantial disrupts school discipline,” See, Burnside -v- Byars Id
On the 14 February, I wrote here “In order for the state in the person of school officials to justify the prohibition of a particular expression of opinion, it must be able to ‘show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompanies an unpopular viewpoint. Certainly where there is no finding and no showing that engaging in the forbidden conduct would ‘materially and substantially interfere with the requirements of appropriate discipline in the operation of the school the prohibition can not be sustained.” See Tinker -v- Des Moines Indep Community School Dist Id and Burnside -v- Byars Id
Sonoma State Univ spokesperson Susan Kashack confirmed to FOX News that the incident did occur and expressed the regret that university president Ruben Arminana extended.
H/T: California Political News & Views