Minuteman Wins Federal Case on OSA Shirt

In Columbus, Ohio, high school student James Nixon had been sent home for refusing to remove his OSA Intolerant T-Shirt. In federal court James was vindicated and his First Amendment rights reinstated. The news media in this article seems unwilling to let a shirt reading “homosexuality is a sin!” to interpret itself but uses its headline to falsely allege that the shirt condemns homosexuals. It condemns sin as sin. Everyone stands condemened by sin and in need of a Savior. The Good News as the front of the shirt proclaims is that Jesus is the way out of bondage to sin! Read about this victory in this article below.

http://www.newarkadvocate.com/apps/pbcs.dll/article?AID=2005508190304

Thornville student wins free speech case
Court protects shirt condemning abortion, gays, Islam

By ERIK JOHNS
Advocate Reporter

COLUMBUS -- A student at Sheridan Middle School in Thornville won a federal court ruling Thursday allowing him to wear a shirt to school that insults homosexuals, Muslims and abortion-rights supporters.

On Sept. 1, 2004, the first day of school, seventh-grader James Nixon wore a T-shirt that read on the front, "INTOLERANT. Jesus said ... I am the way, the truth and the life. John 14:6". On the back, the T-shirt read, "Homosexuality is a sin! Islam is a lie! Abortion is murder! Some issues are just black and white!"

School officials demanded Nixon remove the shirt because it was offensive and disruptive. When he didn't take it off, he was sent home from school, court records stated.

The U.S. District Court in Columbus ruled Nixon's constitutional rights were violated and that he must be allowed to wear the shirt if he chooses, saying, "There is no evidence that James' T-shirt caused any disruption at the school."

The court ruled that the shirt did not violate the school dress policy as being "plainly offensive," meaning that it didn't contain "vulgar language, graphic sexual innuendoes or speech that promotes suicide, drugs, alcohol or murder."

The court later concluded: "(The Northern Local School Board) clearly violated James' First and Fourteenth Amendment rights by prohibiting him from wearing his T-shirt."

The school board had argued that the shirt was offensive and had the potential to cause disruptions at school, although the board admitted no disruptions actually took place.

"The Constitution does not permit censorship based upon what someone thinks 'might' happen," Nixon's lawyer, Rick Nelson, said in a news release. "The court has done the right thing by protecting our client's ability to exercise his First Amendment right to wear his T-shirt if he so chooses."

Nelson is an Orlando, Fla.-based attorney with the American Liberties Institute, which is allied with the Alliance Defense Fund, a group that fights perceived religious-expression violations in the courts.

Court records also stated that the school district allowed a student in the past to wear a T-shirt referring to President Bush as an "international terrorist."

The court's ruling, written by Judge George Smith, stated that while the school district was in the wrong, their thought process was understandable.

"Indeed, the Court respects the problems schools face on a daily basis, but it also has a duty to uphold the constitutional principle of free expression," the ruling read.

Erik Johns can be reached at (740) 328-8543 or ejohns@nncogannett.com

Originally published August 19, 2005