School’s Right To Prohibit Offensive Clothing Upheld
A look back at an Ohio court’s decision from July 26, 2000.
Twenty-five years ago on July 26, a federal appeals court ruled that a Van Wert High School administrator’s prohibition of an objectionable T-shirt didn’t violate a student’s constitutional rights.
Twenty-five years ago on July 26, a federal appeals court ruled that a Van Wert High School administrator’s prohibition of an objectionable T-shirt didn’t violate a student’s constitutional rights.
Nicholas Boroff, a senior at Van Wert High School, arrived at school on Aug. 29, 1997, wearing a Marilyn Manson band T-shirt. On the front, there was an image of a three-faced Jesus with the phrase, “See No Truth, Hear No Truth, Speak No Truth.” On the back of the shirt, the word “BELIEVE” was written out, with the letters “LIE” highlighted.
During this time, the school had a dress code policy that prohibited “clothing with offensive illustrations.” The principal found Boroff in violation of this policy and gave him the option to turn the shirt inside-out, change shirts, or leave and be considered truant. Boroff left school, but he wore different Marilyn Manson T-shirts for the next three school days. Each day, he was sent home and marked truant.
Boroff’s mother filed a lawsuit in September 1997, claiming the school had violated her son’s First Amendment right to free expression and Fourteenth Amendment right to due process. The federal district court ruled in favor of the school, and the case was appealed to the Sixth U.S. Circuit Court of Appeals.
As part of the America 250 celebration, the Supreme Court is highlighting historic cases from Ohio courts.
As part of the America 250 celebration, the Supreme Court is highlighting historic cases from Ohio courts.
On July 26, 2000, the Sixth Circuit affirmed the district court, ruling that the school hadn’t violated Boroff’s constitutional rights. Because the shirt promoted values that were contrary to the school’s educational mission, the administrators were permitted to restrict Boroff from wearing the shirt, the Sixth Circuit found.
This case is one of several featured in the Visitor Education Center at the Thomas J. Moyer Ohio Judicial Center. As part of the Supreme Court of Ohio’s America 250 celebration, we are highlighting historic cases from Ohio’s long and storied history, illustrating the importance of our judicial system and its role in interpreting the law.
Learn more about Ohio cases and the judicial branch on a free tour! Email CourtTours@sc.ohio.gov to schedule.