Pennsylvania teen claims school's new clothing policy violates her constitutional rights to free speech.
The back of the T-shirt worn by high school sophomore Morgan Earnest which led to her suspension (Earnest vs. Mifflin County School District lawsuit)
You gotta fight for your right to (show your) party.
A 15-year-old Pennsylvania girl is suing her local school district after she was suspended for wearing clothing showing her support for President Trump.
Morgan Earnest, a sophomore at Mifflin County High School in the central Pennsylvania town of Lewistown, alleges in a lawsuit filed in federal court that her free speech rights were violated by a new clothing policy put in place by school administrators.
On October 1, the school district announced a ban on students wearing anything that displays political messaging, PennLive.com reported.
“Starting Monday October 5, 2020, no masks, articles of clothing or other items may be worn or otherwise brought to Mifflin County School District property, which contain political speech or symbolize a particular political viewpoint, including but not limited to confederate flags and swastikas, as well as BLM logos or phrases associated with that movement,” the policy stated.
“This action is being taken due to complaints that have been received about such items and how those items have disrupted the education of students within the Mifflin County School District.”
The aptly named Earnest chose to ignore the rules on October 12 by wearing a “Women for Trump” mask and a “Trump 2020 Keep America Great” T-shirt, according to the lawsuit.
She was summoned to an administrator’s office and told to turn her mask and shirt inside out for the rest of the day.
When she refused, she was suspended for the day and sent home, the filing claims.
“The district’s representatives further communicated that she would be sent home if she ever wore a mask or T-shirt expressing a political viewpoint again,” the lawsuit states.
Earnest argues that the school policy is unconstitutional, since it infringes on her rights of free speech and due process of law.
She claims she wore her pro-Trump attire to school twice before during this academic year without incident.
The lawsuit seeks unspecified monetary damages, as well as the overturning of Earnest’s suspension, and a prohibition on district officials enforcing the policy.
However, Mifflin County School District Superintendent Jim Estep pushed back on the student’s claims yesterday, telling Fox 43: “We strongly disagree with the allegations in the complaint, including the veracity of those allegations.”
“We stand by our decision, which was made in the interest of safety and to ensure students’ educational environment would not continue to be disrupted,” Estep continued.
“The decision was made after careful consultation with our solicitor and additional special legal counsel.”
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