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Q & A about the
Sypniewskis' lawsuit
(answers can be attributed to Gerald Walpin, a partner
at KMZ Rosenman
in New York)
Q: What is this lawsuit about?
A: Tom Sypniewski, Jr., a senior at Warren Hills Regional High School
in Washington, NJ until his recent graduation, is suing high school officials
and the Warren Hills school board for violation of his right to free speech
and for defamation, among other causes of action. The suit is a result
of the 3-day suspension and other disciplinary measures Tom received for
wearing a T-shirt that listed comedian "Jeff Foxworthy's Top 10 Reasons
You Might Be A Redneck Sports Fan." On appeal, the school board upheld
Tom's punishment and distributed a defamatory press release which accused
him of "attempting to portray a message of racial stereotyping."
Tom's brothers Brian and Matthew, students at the Warren Hills Middle
School and High School respectively, are co-plaintiffs in the suit, because
they wear their own Jeff Foxworthy "redneck" T-shirts and fear
they will be subject to similar violations of their rights.
Q: Who objected to Tom's shirt?
A: Although no student or school official had ever previously objected
to Tom wearing the "redneck" T-shirt, Vice Principal Ronald
Griffith concluded that the shirt was "offensive" when Tom wore
it on March 22, 2001. Griffith suspended Tom, claiming the shirt violated
the school board's Dress Code because of alleged racial connotations associated
with the word "redneck." Griffith opined that "redneck"
is slang for a violent, bigoted person.
Q: Was there anything racially offensive on Tom's T-shirt?
A: Nothing on the shirt had anything to do with race. In addition to the
aforementioned caption, the T-shirt contained the following 10 "reasons":
"You've ever been shirtless at a freezing football game," "Your
carpet used to be part of a football field," "Your basketball
hoop used to be a fishing net," "There's a roll of duct tape
in your golf bag," "You know the Hooter's menu by heart,"
"Your mama is banned from the front row at wrestling matches,"
"Your bowling team has its own fight song," "You think
the 'Bud Bowl' is real," "You wear a baseball cap to bed,"
and "You've ever told your bookie 'I was just kidding.'"
Q: What does the Dress Code and related Harassment Policy
prohibit?
A: The relevant part of the Code bans "inappropriate dress [that]
causes disruption in the classroom . . . . The following is considered
inappropriate . . . Clothing displaying or imprinted with nudity, vulgarity,
obscenity, profanity, double entendre pictures or slogans . . ., or portraying
racial, ethnic, or religious stereotyping." No disruption is alleged
in Tom's case. Tom and his brothers are also challenging the school board's
Harassment Policy, under which students and employees may not "wear
or have in their possession any written material . . . that is racially
divisive or creates ill will or hatred." The board's press release
suggests that the Policy played a role in Tom's suspension. While Tom
and his brothers support the goal of eliminating racial divisions, they
are challenging the dress and harassment codes because the policies lack
clear standards and prohibit some types of constitutionally protected
expression.
Q: What are Tom and his brothers asking the court to do?
A: 1) declare that, under the First Amendment and the New Jersey Constitution,
the "redneck" T-shirt is protected speech and the Dress Code
and Harassment Policy are unconstitutional; 2) prohibit enforcement of
the Dress Code and Harassment Policy as currently written, including application
of those policies to the "redneck" T-shirt; 3) require the school
to rescind Tom's suspension and remove any mention of it from his file;
and 4) award compensatory and punitive damages for defamation and the
violation of Tom's right to free speech.
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