So-Called Hitler Buttons Cannot Be Banned

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updated Mar 22, 2011

By Author - LawCrossing

10/02/07

"Plaintiff's seek to exercise their First amendment rights through expressive speech," wrote U.S. District Judge Joseph Greenaway Jr. on Monday in DePinto et al. v. Bayonne Board of Education, 06-5765.

The buttons, which have the phrase "No School Uniforms" on them "and a slashed red circle overlaying a historical photograph that depicts dozens of young boys dressed in the same uniforms and all facing the same direction," do not display the Nazi sign or show the young men "giving the 'sieg heil' salute," says an article on law.com.

Greenaway, who believes the buttons are harmless, said, "It is, in fact, a rather innocuous photograph—rows and rows of young men, all facing the same direction and wearing the same outfit (with no identifying marks or patches). In fact, the picture might easily be mistaken for a historical photograph of the Boy Scouts."

"If the student in this case had displayed a swastika, a Confederate flag, or a burning cross, then this Court's analysis would differ greatly," he added.

United States
When the school board wrote letters to the boys' parents, "threatening suspension" if the boys continued to wear the buttons, the parents fought back and filed the lawsuit.

"A student may not be punished for merely expressing views unless the school has reason to believe that the speech or expression will 'materially and substantially disrupt the work and discipline of the school,'" wrote Greenaway. "Students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Greenaway did caution, however, that the "preliminary injunction does not allow the plaintiffs" to pass the buttons out at school, and that the school has the right to "take action if the buttons substantially interfere with the work of the school or impinge upon the rights of other students," says the same article.


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