Crosby v. Holsinger

Fairfax High School’s mascot was Johnny Reb, a figure meant to invoke the Confederacy. Following a recommendation from the school’s Minority Achievement Task Force and complaints from Black students and parents, the school’s principal, Harry Holsinger (defendant), eliminated the mascot. A group of students (plaintiffs), including Cheryl Crosby (plaintiff), protested Holsinger’s decision to eliminate Johnny Reb. The protesting students held rallies, circulated petitions, attended a school board meeting, and wore blue ribbons to signal their opposition to Holsinger’s decision. In general, Holsinger allowed the students to protest without interference. The one exception was when Holsinger briefly prevented Crosby from posting a notice of an upcoming school board meeting; Holsinger subsequently relented and allowed Crosby to post the notice the following day. The students brought two claims against Holsinger. First, the students claimed that Holsinger’s decision to eliminate Johnny Reb was unconstitutional censorship of student expression. Second, Crosby claimed that Holsinger’s one-day delay in allowing her to post notices violated her constitutional right to free expression. The trial court issued a directed verdict in favor of Holsinger as to the censorship claim, and the jury found in favor of Holsinger as to Crosby’s claim. The students appealed.