COURT: STUDENT'S RIGHTS VIOLATED IN T-SHIRT CENSORSHIP

MONTPELIER, Vt. --A public school's censorship of images on a
student's politically charged T-shirt violated the student's right to
free speech, the U.S. Second Circuit Court of Appeals ruled Wednesday.

The three-judge panel overturned a federal court ruling that said the
Williamstown middle school had authority to ban pictures of drugs and
alcohol on the shirt that was critical of President Bush.

Principal Kathleen Morris-Kortz had said the images, including
cocaine and a martini glass, violated the school's dress code policy
that prohibits clothing that promotes the use of drugs or alcohol.

But the appeals court disagreed.

"We conclude that defendants' censorship of the images on (Zachary)
Guiles's T-shirt violated his free speech rights," the court ruled.

"The pictures are an important part of the political message that
Guiles wished to convey, accentuating the anti-drug (and anti-Bush)
message," the court said.

The court also said the defendants' position was flawed because they
believed the images were contrary to the school's goal of having an
anti-drug school environment.

"Defendants principally declare that all images of illegal drugs and
alcohol -- even images expressing an anti-drug view, such as those on
Guiles's T-Shirt -- are plainly offensive because they undermine the
school's anti-drug message. We do not find this argument persuasive,"
the court said.

"We observe in passing that the witness offered did not point to any
specific evidence showing that anti-drug and alcohol images are
harmful or lead to the use (or increased abuse) of such substances by
high school students," the judges said.

The shirt called the president a lying drunk driver who abused
cocaine and marijuana, and labeled Bush the "chicken-hawk-in-chief"
who was engaged in a "world domination tour."

Guiles, a seventh grader, was suspended for one day in May of 2004
when he refused to cover up the pictures of drugs and alcohol after a
student and parent had complained about the shirt. He had been
wearing the shirt once a week for two months. The following day he
wore the shirt with duct tape over the images.

The American Civil Liberties Union of Vermont, which brought the case
for the Guiles family, said the judges' ruling made clear that the
school overstepped its authority when it censored the T-shirt.

"The court's decision is a strong statement for student free-speech
rights," said Executive Director Allen Gilbert.

Guiles, now 15, said he was pleased with the outcome. "I think this
is a very good sign that even with the current administration and the
way the country is going there can still be a justice that allows free speech."

School attorney Tony Lamb and the school principal did not
immediately return phone calls seeking comment.