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| Rap duo Insane Clown Posse: Shaggy 2 Dope, left, and Violent J in 1999 promotional photo. |
FORT WAYNE, Ind. Westview High School's need to keep classrooms free from disruption overrides a 19-year-old senior's right to wear Insane Clown Posse T-shirts to school, a federal judge has ruled.
Joshawa Draper might have intended to convey his personal taste in music by wearing T-shirts of the Detroit rap duo to school, but it's debatable whether this sort of self-expression is entitled to First Amendment protection, U.S. District Judge William C. Lee wrote in an opinion released April 17.
Quoting the Supreme Court's 1969 decision in Tinker v. Des Moines Independent Community School District, Lee wrote that the case "lies in the area where students in the exercise of First Amendment rights collide with the rules of school authorities."
ClaraMary Winebrenner, Draper's attorney, said she was disappointed by the decision. She said it was too early to say whether an appeal would be filed.
Stan Shopa, principal of Westview High School, said the issue wasn't the T-shirts, but the band's philosophy.
"We terminated the shirt simply because the philosophy espoused by the group was coming into the school, with graffiti and death threats," he said.
Draper and his family sued the school district in rural LaGrange County last July because he was expelled for wearing an Insane Clown Posse T-shirt in violation of school policy. The policy also barred references to the band.
The lawsuit asked for an injunction allowing Draper and other students to wear the attire of their choice, as long as it was not obscene.
Graffiti, death threats and other disruptions arose after a group of students began wearing the rap group's insignia to school, according to administrators.
Draper and some friends began wearing Insane Clown Posse T-shirts to school and later formed an Insane Clown Posse group. Essays written by the group for an English class assignment had references to brutal beatings and gang rapes of women, which reflected lyrics in the band's songs.
Shopa announced in November 1999 that any clothing promoting violence, prejudice, illegal or immoral acts would not be tolerated at school. Included in the policy was a ban on Insane Clown Posse clothing.
Draper continued to wear the shirt to school, even though he knew he was violating the policy. When an investigation revealed Draper and a friend had distributed Insane Clown Posse T-shirts to students and encouraged them to wear the shirts, he was expelled for the rest of the year.