Principal Simmons telling us we can't display the Confederate Flag on school property! Thats a violation of my 1st Amendment.
As the representative for the district court I grant the School Board's motion for summary judgement
But: our suspensions were based on an inadequate showing of material and substantial disruption.
This violated the decision in Tinker v Des Moines
Principal Simmons unwritten ban of Confederate flags were pretextual and exposed the School Board to monetary liability
We know the school board was aware or at least was deliberately indifferent to Simmons unwritten ban of the flag and its racial impact of a prior disruption in the school was adequate to precipitate his unwritten ban.