BY MIKE CETERA
A number of Oswego High School students were suspended for a day this week after they refused to remove or turn inside out T-shirts that referenced an alcohol-fueled crash that killed five of their peers in February.
The T-shirts read: "Seniors .08" on the front and "Don't Blow It" on the back. Roughly 50 students came to class on Wednesday wearing the shirts. Some students said the shirts were a warning not to drink and drive. Administrators said they were told by other teens the T-shirts promoted drinking.
Never mind the confusion over the message, and ponder this: Don't the students have a right to free speech?
Outside the school walls, this wouldn't be a question. Even if the teens were -- immaturely, particularly in light of the tragedy -- glorifying underage drinking, they, like everyone else in this country, are protected by the First Amendment.
Inside the school walls is another question entirely. And murky court decisions make the actions taken by Oswego High administrators appear to be in line with the law. That, however, doesn't necessarily make it right.
Firstamendmentschools.org has a helpful FAQ on student speech.
It seems the school could apply a "substantial disruption" standard in denying the teens' speech.
If a student were disciplined for wearing a piece of Confederate flag clothing to school, a reviewing court would likely begin by applying the Tinker "substantial disruption" standard. Why? Because the speech is student initiated (not school sponsored) and is not lewd.Under Tinker, the court would have to determine whether the school officials could have reasonably forecasted a "substantial disruption" of the school environment, perhaps based on past incidents of racial tension, or if the school officials overreacted out of an "undifferentiated fear or apprehension."
School officials, however, might argue that the expression should be banned based on the more deferential Fraser standard. In one recent case, in fact, a federal appeals court agreed with this logic, reasoning that "the more flexible Fraser standard applies where the speech involved intrudes upon the function of the school to inculcate manners and habits of civility."
I don't envy the balancing act school officials must perform, but in this case, I think they got it wrong. We want teens to think critically about such heavy issues as drinking and its potential consequences. While the T-shirts may have caused a minor disruption in the school day, they certainly could have provoked fruitful discussions. By banning the shirts, one message sent is -- we don't want to talk about this.
That certainly backfired. While officials may have banned the shirts, they all-but-guaranteed people will continue talking about them. And that's a right we all have.
I don't think the teaching staff understood the concept of the t-shirt. I see the t-shirt as a way to say don't drink and drive. If our youth are going to drink (and they will) at least this shirt shows that they will hand over the keys when going home with a little too much to drink.
I disagree with the first comment. These students are under the age of 21, making it illegal for them to drink. It shouldn't be o.k. just because "... our youth are going to drink (and they will). It is against the law and promoting that in school should not be allowed.
This is a touchy subject anyhow due to the deaths of the Oswego kids. I think the shirts have a catchy phrase and should have been more clear on the correct meaning. These kids are all underage, if the parents bothered to read their myspace pages maybe they could learn more about what their kids are doing. Alchol related shirts aren't allowed...this includes .08 don't blow it. Don't "BLOW IT" shouldn't be allowed either. I feel all schools should just have uniforms and then this crap wouldn't be clouding our "news." When there are "real' stories to cover.
If there are any questions about the legality of the schools decision, you should look up Tinker et al. v. Des Moines. The U.S. Supreme Court was very clear about students rights in regards to the First Amendment. They do not check their constitutional rights at the school house gate. The school is trampling these students First Amendment rights and acting illegaly by suspending them. To remove these students First Amendment rights the school would have to first show proof of how these T-Shirts were interferring in the educational processes of the school and show that this interferrence rises to a level justifying the removal of an individuals rights. The administrators just opened the school up to a law suit.
I disagree with the comment above.The teenagers have a right to express their opinion, the Constitution gives them this right. The kids also have a right to take a stand against drinking and driving. They are not of legal age to drink, but they are of legal age to drive. The driver behind the wheel of the car that claimed the lives of 5 of their classmates was an adult. Our high school students are sharing the roadways with the adults. The legal limit is posted on highways as .08 and the general public is not mis-interpreting those signs.
Just because they are under the age of 21 does not mean they should not be aware of Illinois laws and the dangers of alchohol.When they take their written driving test they are questioned on this matter and they are not 21 ?
This should have been seen as a very positive statement. They are the Class of 2008. Whoever designed the slogan was very clever and should be commended. They were not promoting alcohol. The statement was clear to me. DON'T DRINK AND DRIVE.
The question still remains - why were the students not allowed to exercise their right of freedom of expression. It is a shame some have interpreted the shirts to promote a negative message. I am proud of the students who were promoting a positive message.They should be allowed to voice their opinions. Mike Cetera is right - this could "have provoked fruitful discussions"
This is real news. Are we so blind as to not relize we are allowing and accepting our constitutional rights to be stomped on continually. We live in a great country. Made great for many reasons, some of which are our freedoms. I refuse to give up mine, nor will I teach my children they should become passive and give up thiers. This message was crystal clear. Don't Drink and Drive. Be responsible. Remember our fellow schoolmates. Choices are ours, lets make wise ones in light of Homecomming Weekend upon us. Every thing we look at can have duel meaning.
I choose to look at the positive, And that's my right.
I received a call from the Dean of Student services at 7:46 A.M. on October 3rd. He asked me if I was aware of what my daughter was wearing and I replied "Yes". I told him I felt the shirt promoted a positive message, "Don't Drink and Drive". He then went on to explain that the shirt could be misconstrued and send a negative message. He also told me that if the shirt did not have the decimal point in front of the "0" it would be allowed. At that point over 40+ students were approached about the shirts and were told to turn them inside out. If the school did not want the students to wear the slogan "Seniors .08 Don't Blow It" they should have been sent home. I told him my daughter would take the option of the suspension as opposed to her other option of wearing the shirt inside out. I do not feel that having 50-60 students walking the halls with inside out red shirts was a solution to the situation the school viewed as a problem. These students were still sending their message with their shirts inside out and being singled out.
It is a shame that so many have interpreted this as a negative suggestion. My daughter purchased the shirt Monday night from a student who had 68 of them printed. I thought it sent a positive message the minute I read it. I do not feel the shirt was advertising alcohol, if I did I would not have allowed her to wear it.
My daughter is 17. She holds an Illinois Driver's Licence and therefore I feel she has a right to take a stand against drinking and driving. I do not feel the shirt is promoting alcohol , actually I would like to purchase additional shirts. It is a very clever and creative statement that sends a positive message.
I called the Beacon News yesterday because I was interested in the community's opinion. It is wonderful that citizens are voicing their views regarding this story. As expected there are people on both sides of the fence and we are all entitled to our own conclusions. I am hoping the Seniors of 2008 also express their feelings through this blog.
Each of us, including 17 year olds should be able to exercise our First Amendment right of freedom of expression. Regardless of the judgement of others. In the Mary Beth Tinker case Justice Abe Fortas wrote that neither teachers nor students "shed their constitutional rights to freedom of expression or speech at the schoolhouse gate." This is an excellent quote.
I agree about the students wearing the shirts as a positive thing for other students to remember if they are going to drink that they should not drive or let anyone else drive who has drank that night. It is a REMINDER to the other students that they don't want to lose more friends or fellow students due to drinking. I think also the school asking the students to turn the shirts inside out is just showing what the school wants to do about that night and that is out of site out of mind lets just cover it up and act like it never happened. LET THE STUDENT WEAR THEM THEY WANT TO HELP EACH OTHER OUT. I would wear one too.
First off, 17 year old students are far from "children". These students in less than a year will be considered adults and long before that time comes many will need to make adult decisions. Censoring the .08 Don't Blow it message is a mistake. Every phrase and message can be viewed different ways. Whether we condone it or not these "kids" will have to decide if they should ride with someone who has been drinking, of legal age or not. This driver does not necessarily have to be a classmate, it can be a friend or sibling who is older, even a parent.
If this is pushed further I can see this being the battle cry for the '08 graduating class, and if it prevents a recurrence of the tragedy of February '07 I for one welcome it.
I knew several of the students in the February tragedy, some of those who perished and one of those who survived. If there are students who are willing to honor their memory by passing the lesson along in a less painful way I am more than willing to support them.
There are always three sides to a story; one side, the other side, and the truth. I realize some view this as a party slogan, "don't get caught", but many meant it for it's true meaning, "Don't drink and Drive". No matter who interprets this, the latter is the message I would like the kids to remember.
School officials NEVER took the time to talk to the student who made the shirt and find out the true meaning. These shirts were made in memory of the students killed on February 11, reminding students not to drink and drive.
There are worse shirts being worn, such as the squirrel holding 2 acorns stating "mine are bigger" sold at local stores and worn by many boys, and those were permitted, so why are they now taking a stand?
number one, childern in the oswego seem to have a real disrepect for authority, and find very creative ways to flaunt it in the face of the adults,
these childern knew exactly what they were doing and were aware that the actions they took would cause an uproar,
it is ridiculous, that educators have to police the childern coming into school, when it is the parents job, these kids should be punished, the honestly the punishment fit the action.
These high school students absolutely have a disrespect for authority and I 100% agree with the previous comment that they try to find creative ways to flaunt it. Students should not drink, period. That should be the message they should be wearing on their shirts. Their shirts don't state that they are in memory of anyone, they don't state "don't drink and drive" and they most certainly CAN be taken in a way that looks as if they are promoting drinking. To me it does look as if they were indeed being creative with their message. My opinion...they should not be worn in school.
I support the students fully. The kids were creative and are trying to get a message across to other kids in ths school - DON'T DRINK AND DRIVE. I do not believe the kids were trying to promote drinking in anyway. With Homecoming events happening soon, now is the perfect time to get this message across. While it is illegal for people under the age of 21 to be drinking, it still happens. Teens should be educated about getting into cars when the driver has been drinking. Teenagers feel they are invincible, the tragedy last February shows they are not. Anyone can be a victim of drunk driving. One does not need to be the driver or a passenger in the car.
It is only through education and awareness that future tragedies can be prevented. As Seniors at Oswego High School, they were doing just this. Not only to fellow members of the Senior class, but to the under classmen as well. It is a shame the Oswego High School Staff did not feel the same way.
To the parents of students at Oswego High School, what has the administration done to make the student body more aware of the dangers of drinking and driving since the February tragedy?
Wake up parents, those kids knew exactly what they were doing. If they wanted to promote "drinking and driving is bad, don't do it," then wear shirts that say "Don't Drink and Drive." I am a high school teacher in another district, I asked two of my classes what they thought the message meant. Not one of them said "drinking and driving is bad." They believed it meant to refuse to take the breathalyzer test, don't drink more than the .08 limit, or don't get caught drunk. Could it possibly be that teenagers are deceiving their parents. Would teenagers do that? The administration did the right thing.
I agree 100%with Mike Cook's comment. If you want to promote something positive, then be clear and concise with your message. 'DON'T DRINK and DRIVE' or 'SADD'...any of those are not a read between the lines type message. "don't blow it" c'mon lets get real here people. Maybe it is because their parents are in their 40's and no longer hip to the street lingo and yes, how kids twist the issue to make it sound good to adults all the while laughing behind their backs.
Any message that that speaks against underage drinking is a positive message. I read the shirts IT is clear of the message. There is no disrespect as so many have mentioned above. You want disrespect how about JUICY stamped on the rear end of high school student. That is disrespect. But, allowed. It clearly has a double meaning. The staff made this a negative - not the students. The staff could have cleared this up by simply addressing it in the morning announcements to the student body acknowledging these kids and the honor they were paying to friends lost in the accident. It would have been an excellent opportunity to address the under age drinking message during home coming week. If any good comes form these suspensions it is that during this home coming week everyone is talking about under age drinking. It is again in the forefront. If all the blogging, radio air time and news articles get just parent involved and asks what their child is doing after Home Coming and prevents them from attending the wrong party then these students more then got their message across. That would be the greatest honor to their friends.
. 08 Don't Blow It is a slogan used by the State of Illinois and others, New York to mention a second. All geared towards not Drinking and Driving. Why aren't people questioning the "meaning" of the billboards and brochures distributed by the State? It is OK for the State to promote ". 08 Don't Blow It" but not teens? They hold Driver's Liscences too.
I'm actually the sister of one of the creative designers of these shirts. When she first pitched the idea to me, before the shirts were even made, I thought it was a fantastic idea because I knew the true intent behind the shirts. She lost her boyfriend, and 4 other friends in the february 11th crash, and she felt these shirts were a great way to prevent another tragedy and to really open other teens' eyes. She feels really offended that the school officials would assume they did this for attention, or even to "promote alcohol." That is reading too much into the shirt. A previous comment said that they should have stated something more blunt like "dont drink and drive." Okay, well that can be misconstrued as well. It would be telling teens it's okay to drink, but not to drive afterwards. The teens are trying to STOP drinking in general and to not screw up their senior year by doing these things. These shirts are just like the D.A.R.E shirts we had to wear back in the day. It's sending the same POSITIVE message. In the article, it said that the school officials were told by some students that the shirts were to promote drinking...that's complete bull. Every single kid who wore that shirt were close friends to the kid's who passed away in the accident. They understand the message, and would NEVER say something like that. I've delt with these same deans at Oswego before and I KNOW how they are. They are only saying that so that it looks like they have a valid reason for suspending the kids...they HAD to say something to save their butts. Richard S., you tell the parents to "wake up," but how do you think this whole situation made the news/newspaper/radio? The parents of these students understandably complained so much that the news found it to be as ridiculous. Also, it sounds like your school has never experienced something so tragic like Oswego has recently to do such a tribute. I'm sorry your students/you, are not creative nor open minded enough to understand.
KD THANK YOU , THEY DID NOT COMPLAIN A LOT , only ONE CALL To a newspaper, all else followed . There are a lot of people backing YOU, your sister,the girls suspended and all the other Seniors. Media picked it up right away? Do you think they would have if the TEENS were not violated for expressing a SLOGAN that is on BILLBOARDS ? This was not a STATEMENT FOR UNDERAGE DRINKING.IT IS A STATEMENT TO PROTECT OUR UNDERAGE DRIVERS AGAINST THOSE OVER 21 THAT SHARE THE ROADS AND SOCIETY IN GENERAL.Kids who wore the shirts should be giving their opinion here !
Are you people aware that the term "Blow"is used in reference to the actual breathalyzer test? The back of the shirt w/"Don't Blow it" is actually advising people to refuse the test!The front is telling them their legal limits.Which to an underage person should read .00
As an alumni(1971)from many years ago, I am ashamed for my formal school.
The fashion Nazis are still running the school, I see. Thirty six years later and nothing has changed.
This is a freedom of speech issue, nothing more.
Even if they WERE promoting alcohol use(and they are not), the school is still over stepping their bounds.
Seig Heil! Oswego..........
Ginny G...I totally agree with you! I am embarrassed, but kids walk around with all kinds of sexual content on their shirts...but it's okay. As for the person who made the comment above you...chances are kids now-a-days don't realize that they actually have an option to take breathalyzer test or not. I know my sister (one of the creators of the shirt,) would not know and our dad is a sheriff! It really isn't something parent's teach their children. Also, my dad asked his co-workers what they thought the real message was behind the shirt, and they felt it was an appropriate shirt, and every single police officer understood the positive message...there's something really messed up with you people...
Richard S., I do not agree with you in any way. I am 22 years old and many of my friends are still underage, a few of them still in high school. I live but a few miles from Oswego. I am also friends with a few faculty members of other schools as well. This shirt DOES NOT promote the fact that all underage drinkers should refuse to blow. They know that it is ZERO TOLERANCE, it gets taught to us in 5th grade with the DARE program. We know all of these things, we have heard them a million times from our parents, teachers, and officers. Kids don't need to wear shirts that promote to not blowing if pulled over. They are still going to get in trouble. I have a 20-year-old friend who got arrested, went to court, and was made to go to classes simply because he had an UNOPENED bottle of alcohol on the passenger seat and he was pulled over for no license plate light.
You don't need to be drunk to get arrested. Kids know this. The faculty of schools need to lay off. If The shirt said YOU CAN'T GET IN TROUBLE IF YOU DON'T BLOW! That would be different. It is a major slogan just as NIKE's JUST DO IT, and kids can wear that. Is that promoting SEX? NO!
I think the students could have found another way to honor their friends. I do not think any lessons were learned from this tragic accident. The students continue to drink.. they think it could never happen again. They blame the young woman who tried to help them. The students were also to blame. They were UNDERAGE drinkers. Let's get the story straight. Tragic accident - but they were also doing somethig ILLEGAL - curfew violation & underage drinking. Let's not make them the innocents. Parents & students were also at fault.
Students in the school building don't have full rights and freedoms, regardless of their age. I only hope it was an in-school suspension, which should be the only kind.
Kids go to school dressed like pimps and whores, who gives a sh%t if the wear a tee shirt, it probally covers more skin than any other outfit that they have. Schools should worry about teaching students, not dressing them, thats a parents job.
Ok thts just to funny that Rick of 71 says kids in high school dont know that they have a option to take a breathalyzer test,Hmmmmm dont know what world you are in....The shirt was wrong .08 starts it off WRONG if parent's dont understand that then there is nothing more to say.WHat it all come's down to is the PARENT'S plain and simmple ......It was wrong that the Kids were out late and DRINKING all i will say .As for what gurls wear and wear on there shorts well AGAIN comes down to the PARENT"S time for PARENT'S to start teachig there kids RESPECT and STOP being there BEST FRIEND.AS for the T-Shirt i do not see 1 thing that pays respect to the 5 from 07.Been in OSWEGO all my life and now i can see why each day i get closer to moving.What ever happen to FAMILY,FAMILY VALUES,TEACHING YOUR KIDS RESPECT NOT JUST FOR THERE SELF BUT FOR OTHERS...
WHAT IT ALL COME'S DOWN TO IS PARENT'S
SAD,SAD,DAY THAT OSWEGO HAS TRUNED DOWN THIS RD.
i find it very hypocritical how the entire Oswego community is reacting to the overall issues of underage drinking. on one hand there are those in an uproar for students RIGHTS to free speech. Yet these are the very same people who are portraying the dead and injured youths in the infamous car accident as VICTIMS , with no blame of their own.(underage drinking ,getting into a car with an intoxicated person/s etc.) So a simple question arises .Are these kids "children who need to be protected", at all cost's Including their civil liberties . or are they "adults entitled to their rights" , yet solely responsible for their own actions . You just cannot have it both ways
Uh, they ARE victims. Victims of peer pressure and/or poor parenting. And poor parenting doesn't mean that parents don't love their kids. The fact is, some kids require an extraordinary amount of supervision and guidance -- if the parents aren't prepared or willing to make their kids top priority at all times then there will be consequences.
As for the t-shirts - seems it is blown way out of proportion. Just about everything in life is about perspective. What about a COMPROMISE? If the message was truly meant to be a positive statement why not have those students take it one step further and give them the opportunity to clarify their message? Turn a potentially bad situation into a positive learning experience. Why turn it into a power struggle?
Rick of 71 never said that.
The person's name is AFTER the post not before.
What I said was.....
As an alumni(1971)from many years ago, I am ashamed for my formal school.
The fashion Nazis are still running the school, I see. Thirty six years later and nothing has changed.
This is a freedom of speech issue, nothing more.
Even if they WERE promoting alcohol use(and they are not), the school is still over stepping their bounds.
Seig Heil! Oswego..........
As a parent of Oswego High students, my thoughts are two-fold. I think the Deans were completely out of line and ridiculous in their behavior. However, if my child was told to turn their shirt inside out by a person of authority, than they had better do it. The situation can then be discussed at home and handle through proper channels. Just because the Dean's were wrong does not make disobeying them right.
SCHOOL FACULTY MEMBERS WERE AWARE THESE SHIRTS WERE BEING MADE OVER A WEEK BEFORE HAND. Why if it was a problem did'nt these teachers take the proper steps to aviod the situation, by bringing attention to a potential problem and preventing it? Also , The decision not to let the kids wear the shirts was made BEFORE most kids even arrived at school that day. Students were not questioned as to their intentions, just told to turn them inside out. Most students were intimidated that if they did not turn the shirts inside out , they would not be allowed to go to the homecoming dance, football game, powder puff game or parade.
These shirts had a very postive message, but the administrators never bothered to ask what the intentions were.
There are brochires with this same message from the Illinois State police, TV commercials and signs. People are not questioning those advertisements of .08 Don't Blow It.
Students have a right to an education. This right can not be taken away without due process. The students further have a right to free speech. This can not be taken away without a compelling reason. The point is not whether or not there was a positive or negative message to the T-Shirts, the whole point is that we have a right to disagree with our leaders. Our leaders do not have a right to squash our speech just because they don't agree with the message we want to send. By law the administrators have to prove that the functions of the school were being interferred with in a significant way. The fact that there was no major disruption in the school and further that there was no due process given to the students makes the administrations acts illegal. You need to review your constitution and quit acting like sheep to the slaughter.
We send our children to school for many reasons among them to be challenged, find some level of creativity, learn some discretion, learn decision making, some socialization and any other similar expectation that one may have of the educational system.
It appears however that the schools are run by some of the most non-creative people with no ability to think and make rational decisions and in fact do not want to make decisions and exercise judgment as evidenced by zero the tolerance policies that we so often read about that cause 6 year olds to be thrown out of school for drawing a picture of a weapon.
A simple way to solve the problem would be to add a few simple words, e.g. "do not drink" "don't drink and drive" or some other similar phrase. Now you are saying that hind sight is 20/20. True it is but about five minutes of thought and thinking through the facts with some discretionary thought process might have avoided something that grew wholly out of proportion to the seminal event.
The rock headed approach taken by the administration has caused more notoriety and press for this incident than is should have otherwise received and that should have been able to go un-noticed and without fanfare.
Sometimes the cure hurts worse than the sickness. That is true in this case. It would appear that there was no real thought by the administrators in this event just a knee jerk reaction. It is truly sad to see schools run by such non-thinking unimaginative people.
Class of 1971 wasn't such a bad year, I was there too.
SCHOOL'S BANNING T-SHIRTS VIOLATES STUDENTS' FREE SPEECH RIGHTS
Here we go again: School administrators are panicking over students exercising their First Amendment right to free speech. Specifically, Oswego High School officials feel their students' creative t-shirts displaying Seniors .08 on the front and Don't blow it on the back are inappropriate, because, according to Principal Mike Wayne, "... it could be interpreted as promoting drinking."
Our U.S. Supreme Court has held that students' free speech rights are limited to communications that do not disturb the educational environment and do not advocate illegal activities. So, the issue here is whether the seniors' unique t-shirts encourage underage drinking.
I believe the original t-shirts communicate a double-entendre where both messages have an educational theme. The first message is to the senior class not to ignore their last year. The second message reminds everyone that if we are going to drink alcohol, we should do so responsibly (e.g., do not drink & drive). The fact that Wayne feels the students' message "... could be interpreted as promoting drinking" (emphasis added), does not mean he should contravene their free speech rights by banning the t-shirts. His myopic interpretation is analogous to arguing that baseball bats should be banned since they could be used as weapons. Wayne needs to learn the definition of tolerance (and I am not referring to alcohol)!
KEVIN JAY LONG (773-545-2615)
MEDICOLEGAL RESEARCH COMPANY
4572 N. MILWAUKEE AVENUE
SUITE 5B
CHICAGO, ILLINOIS 60630-3745
Teenagers are afforded FAR too many "rights" in this country, thanks to the liberals and their massive mainstream media outlet. Look, let's face it: if the message is as "clear...DON'T DRINK AND DRIVE" as some of you are proposing, then why in the heck didn't it JUST SAY THAT?! Here's why: because they are teenagers who LOVE to push the limit and see what they can get away with. Well, this parent of teens says give 'em the smack-down. Until they are 18 and are emancipated adults, they just don't have the right to do anything but do what they are told as long as what they are told is not harmful to themselves or others. This is just a flat-out stupid "push the envelope" shirt that was designed to raise eyebrows and get attention. They've already gotten too much attention. My daughter too has lost a young friend to a drunk driver's selfishness and evil ways, but I can guarantee you that these Oswego teens could have put their talents and time to better use to clearly promote a positive, healthy message without ticking off the administration and many parents. But hey, at least these 2 girls are getting attention they obviously SO crave, right?
That being said, the parents of these 2 young girls (and they ARE young girls) should look at their own households and see why their daughters have to get suspended to get support and attention.