The Desert Sun reports that school administrators have asked a dozen students at Shadow Hills High School in Indio to remove their antigay badges “for now” during an ongoing investigation by the Desert Sands Unified School District.
The antigay stickers, which show a small rainbow inside a circle with a line through it, showed up about two weeks ago and raised concerns.
“We all have a right to freedom of speech, but students also have a right to be educated without fear. This has always been our policy, and we will continue to enforce it,” according to their Wednesday statement.
Schools have settled legal disputes over messages on clothing they banned to maintain order. In 2013, a Connecticut school district agreed to let a high school student wear a T-shirt with a slash mark through a gay pride rainbow after facing the threat of legal action from the ACLU.
But federal courts have allowed some limits on student speech, allowing schools to prohibit items like banners and T-shirts that mentioned drug use or came at a school with racial strife.
At the Southern California school, some students and staff objected to the stickers because they feel the gay and lesbian community has been targeted, said Amy Oberman, an Advanced Placement U.S. History teacher.
She referred to a 1969 Supreme Court case, Tinker v. Des Moines, which says students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
“Yes, there is freedom of speech established by Tinker, but at least in my view, it’s a hate crime because a group was targeted,” Oberman said.
District administrators said they discussed the issue extensively and believe they are doing the right thing.
“Sometimes people can be uncomfortable because of an opinion, but that doesn’t mean it’s bullying,” said Laura Fisher, assistant superintendent of personnel services.
Administrators checked ID cards on Feb. 16 and found three students wearing the anti-gay symbol and three wearing pride symbols. The number of anti-gay stickers has since grown to a dozen, gay students stay.