Boroff v. Van Wert City Board of Education
United States Court of Appeals for the Sixth Circuit
220 F.3d 465 (2000)
- Written by Tammy Boggs, JD
Facts
For several days, Nicholas Boroff (plaintiff) wore Marilyn Manson T-shirts to his school, Van Wert High School (the school). Manson was a goth-rock star named after a notorious serial killer, wore makeup to appear ghoulish, and was a widely known illegal-drug user. Manson’s song lyrics encouraged listeners to kill themselves and others. The songs glorified death, violence, and disobedience. Boroff’s first such T-shirt featured a three-headed picture of Jesus Christ, accompanied by the phrases “see no truth,” “hear no truth,” and “speak no truth.” On the back of the first T-shirt, the letters “lie” were highlighted in the word “believe.” A school administrator warned Boroff that he could not wear the shirt, and Boroff went home. The school maintained a dress policy that prohibited clothing with offensive illustrations or slogans promoting drugs or alcohol. Over the next few days, Boroff wore different Manson T-shirts to school. The school warned Boroff each day that he could not wear the T-shirts. Boroff sued the Van Wert Board of Education and school officials (collectively, Van Wert) (defendants), alleging that the school’s refusal to let him wear Manson shirts violated the First Amendment. The school principal, William Clifton, testified to the way the T-shirts were offensive to the school, including because the first T-shirt mocked a major religious figure and Manson promoted values like intolerance and destruction, all of which was contrary to the school’s educational mission. The district court ruled in favor of Van Wert, concluding that the school could prohibit the shirts as offensive. Boroff appealed.
Rule of Law
Issue
Holding and Reasoning (Wellford, J.)
Dissent (Gilman, J.)
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