In the

Supreme Court of the United States

Bayonne Public Schools

v.
De Pinto
On Writ of Certiori to the United States Court of Appeals

Brief for Court

Justice
James Ford
Constitutional Law
Period 1
May 30, 2013

In the case of Bayonne Public Schools v. De Pinto the court has ruled in
favor of De Pinto. De Pinto, a fifth grade student that wore a button stating
no school uniforms with a slash and a picture of the Hitler Youth (even
though it didnt have any anti-Semitic symbols, or identifying markers of the
Nazis. De Pinto was threatened with suspension if he wore the button again.
In Tinker v. Des Moines, the court ruled that wearing black armbands is
a political statement and thereby protected by the constitution. The court
ruled that students did not lose all rights when entering a school building.
Armbands, which of course also remind people of the Nazis, arent inherently
disrupting the learning environment or invading others rights to free speech.
In Bethel School District v. Fraser, Fraser, giving a speech to the whole
class, used a lewd, extended, sexual metaphor. The school claimed that they
needed to keep a socially acceptable atmosphere to teach young children
and the courts agreed with the school. Courts protected minors from hearing
sexually charged language.
Another precedent for this case would be FCC v. Pacifica Foundation
Co., which banned lewd and vulgar language from media in which children
can easily access. These precedents gave a clear definition of what was
allowed in school and what was prohibited. And because De Pintos button
was neither sexually charged or vulgar and lewd, and due to the fact that it
expressed a political opinion and didnt encroach on others rights, the court
ruled it be constitutional the De Pinto can wear his button.

Also in Morse v. Frederick, more waved a sign saying Bong Hits 4

Jesus across from the school during a school function. The courts ruled that
Morse did not have the right to display his banner because it promoted drug
use, which is a sentiment that every school should be actively trying to stop.
The school had a compelling interest in preventing drug use promotions from
being seen by minors. In this case, the button is not promoting anything that
the school should feel a compelling interest to prevent from entering the
school. It did not promote the Hitler Youth, nor anti-Semitism, actually it was
declaring dont make us be like the Hitler Youth, a sentiment, I believe,
most schools would support.
After previous cases like Tinker v. Des Moines, in which students won
the right to keep their political symbols, no violence or disruptions occurred
as a result of allowing students to express their beliefs through their apparel.
Uniforms do not solve all the problems of the school. Uniforms are forcing
students to give up students rights to freedom of expression which of
course, is unconstitutional. In a study by East Tennessee schools, the study
found no blatantly obvious benefit to implementing dress codes. Also
allowing De Pinto to wear his pin allows students to form their own opinions
as well as seeing the political process at work. De Pinto won the case
because everyone has a right to wear what he/she want.