The Supreme Court refused certiorari today for Sypniewski v. Warren Hills Regional Board of Education, 307 F.3d 243 (3d Cir. 2002). The third circuit succinctly stated the facts:
The Warren Hills School District’s racial harassment policy was enacted in response to a pattern of disturbing racial incidents. Shortly thereafter, Thomas Sypniewski was suspended from [his New Jersey] school for wearing a “Jeff Foxworthy” T- shirt inscribed with “redneck” jokes. Thomas Sypniewski filed this lawsuit (together with his brothers Matthew and Brian) mounting a facial and as applied challenge to the constitutionality of the harassment policy and dress code.
id. at 246. Oh me oh my. What kind of a world is it when you have dyed-in-the-wool liberals like me going p.c. overreaction? Here’s what i’ve always said about so-called “political correctness”: it’s just about calling something about its real goddamned name. However, the boundaries of that fine attempt must be set firmly at the gates of the first amendment. As much as one may not agree with the sentiments of another, one must still respect their right to utter them—or wear them on a t-shirt.
The damn thing is, this boy wasn’t wearing a klan shirt. He didn’t sew a perhaps-equally offensive “follow your leader” patch on his backpack. He was just wearing a stupid t-shirt. In other words, folks, this ain’t no big deal.
What bothers me is that this kind of foolishness clogs our courts with cases that are embarassing little seven-elevens waiting to be stomped on by the first amendment’s big ol’ godzilla feet. For every time we suspend a Tommy Sypniewski in New Jersey, we drag our attention away from the very real need to defend our rights where they are actually in danger. Im pointing the finger at Warren Hills for crying wolf in a society filled with real wolves.