A 12-year-old New York girl seeking to show her support for the nation and its armed forces has overcome a high legal hurdle in a battle with a public school that has barred her from wearing a homemade red, white and blue beaded necklace to class. Under 2nd Circuit law, the plaintiff carries the burden of demonstrating that conduct is expressive for free speech purposes. On Thursday, a federal district judge let the case go forward, holding the girl has presented a colorable First Amendment claim.
March 15, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A 12-year-old girl seeking to show her support for the nation and its armed forces has overcome a high legal hurdle in an ongoing battle with a public school that has barred her from wearing a homemade red, white and blue beaded necklace to class.
Northern District of New York Judge Lawrence E. Kahn on Thursday refused to dismiss the student’s First Amendment claim, holding that she has presented a colorable claim that her free speech rights were violated.
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