The Southern Poverty Law Center had this to say
about the case in its Spring 2003 Intelligence Update:
The school in the Sypniewski case, in contrast,
had experienced significant racial turmoil. A group of white
students known as “the Hicks” had marked what they called “White Power
Wednesdays” each week by sporting Confederate flag clothing. After
racial tensions escalated into threats and fights, the school board
enacted a policy that prohibited students from wearing “racially
divisive” clothing. The policy was even-handed - it referred to
both white supremacist and black power fare.
Thomas Sypniewski was one of the students who wore
a Confederate flag shirt during the period of racial unrest. His
shirt carried the slogan “Not only am I perfect, I'm a Redneck too!”
The Confederate battle flag could be seen through the letters in the
word “redneck.” Less than 10 days after the school board enacted
its new policy prohibiting “racially divisive” clothing, Thomas showed
up at school wearing a T-shirt that listed the “Top 10 reasons you might
be a Redneck Sports Fan” inspired by comedian Jeff Foxworthy. “The
thought crossed my mind,” Thomas was quoted in his local newspaper as
saying, that the shirt was “going to piss people off.” (Thomas
later denied making the remark.) When Thomas refused to remove the
shirt, he was suspended. With the backing of the Center for
Individual Rights, a conservative law firm best known for bringing
challenges to university affirmative action policies, Thomas and his
brothers filed suit.
In a split decision, the court of appeals ruled
that school officials had probably violated Thomas' First Amendment
rights when they suspended him. In an opinion more notable for its
verbal gymnastics than for its realism, the court ruled that the term
“redneck” was not sufficiently similar to the expressions and symbols
that had caused racial problems at the school despite the fact that
Thomas had worn a shirt with the word “redneck” and a Confederate flag
on it during the period of racial unrest, despite the racial
connotations of the term “redneck,” and despite the in-your-face timing
of the incident.
The Sypniewski decision has the potential to cause
tremendous headaches for school officials. Even if they are
justified in prohibiting racially divisive clothing because of a history
of racial turmoil at their schools, they will likely face challenges
from belligerent, but clever students wearing clothing sufficiently
similar to the banned fare to threaten problems, but sufficiently
different to make the issue a debatable one. Faced with the
prospect of federal judges second-guessing their decisions, prudent
school officials will be tempted to adopt broad, but easy-to-administer
policies requiring student uniforms rather than narrow, but
difficult-to-enforce policies banning only the kind of clothing that has
caused problems. Student self-expression will be sacrificed in the
process, but school administrators will avoid lawsuits. Sypniewski
may be a First Amendment victory for Thomas and his brothers, but it may
lead school administrators to stifle the rights of future students.
Perhaps the most ironic thing about the Sypniewski
case is that it arose in a northern state like New Jersey. The
champions of the word “redneck” were not Southerners, but proud
Polish-American brothers living less than 100 miles from New York City.
They claim that there was nothing racial in their actions. But to
us, the case looks like a reflection of the ethnic nationalism that is
growing throughout the country.