Scott v school board

Scott v school board

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  • 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.
  • There is no actionable claim in this case.
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