Education Law Report – Winter 2021

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School District Effort to Prohibit Students’ Political Attire Enjoined -

Morgan v. Mifflin County School District, Case No. 1:2--CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of Pennsylvania issued a restraining order enjoining a school district policy prohibiting students from wearing attire expressing support for a political candidate.

Background -

From the start of the 2020-21 academic school year, Morgan Earnest, a 15-year old high school student, wore a mask supporting then President Donald Trump’s campaign every day that she attended school. Earnest’s mask depicted the words “Women for Trump.” On two occasions, Earnest also wore a t-shirt supporting Trump’s reelection campaign to school. The front of this shirt bore the words “Trump 2020 Keep America Great,” and the back of the shirt contained the words “Trump 2020 The Sequel Make Liberals Cry Again.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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