Law, Business and Society 11th Edition by Tony McAdams

Exercise 50

T.W., a minor, was suspended from school for three days after he drew a picture of a Confederate flag on a piece of paper. The Kansas school, Derby Unified, suspended T.W. because it believed he had violated the district's "Racial Harassment or Intimidation" policy, which prohibits students from possessing at school "any written material, either printed or in their own handwriting, that is racially divisive or creates ill will or hatred." Confederate flags were included in a list of prohibited items. The Court found that Derby Unified had a history of racial harassment. Were T.W.'s First Amendment rights violated Explain. See West v. Derby Unified School District # 260, 206 F.3d 1358 (10th Cir. 2000); cert. den. 531 U.S. 825 (2000).