In an unreported opinion released this month, the United States District Court for the Middle District of Tennessee decided that the free speech claim of a public high school senior brought could proceed.  In Doe v. Byrd, a high school senior opted to not attend a field trip because he felt compelled to wear a political shirt while participating.   

In October of 2018, Representative David Byrd hosted a “Senior Day on the Hill” for high school seniors.  The school and principal scheduled the traditional senior field trip to visit the State Capitol building during Byrd’s event.  The school staff handed out t-shirts promoting Byrd’s re-election to each and every student prior to boarding the bus.  Rather than wear the t-shirt, Plaintiff chose not to attend the senior trip.    

The student named the school, principal, and Byrd as Defendants to the suit.  The student alleged that by handing out the t-shirts, the school forced him to engage in political speech against his will: he was forced to either wear the political shirt or explain why he would not wear it.  Accordingly, the student complained that his First Amendment rights to free speech and free association were violated.  The student specifically alleged that he was unconstitutionally: (1) excluded from a public school-sponsored event as a result of his refusal to wear the t-shirt and (2) forced to explain that refusal.

Defendant Byrd challenged the student’s complaints, arguing that because the student did not wear the t-shirt and join the field trip, no harm was actually done to the student.  The court disagreed, reasoning that the student’s alleged injuries were sufficient to meet the requirements of bringing a case.  The student’s alleged injuries were two‑fold: the first included the non‑economic harm to the student, including emotional distress, humiliation, shame, and fear; the second injury was exclusion from the senior class trip.  Thus, the court concluded that Plaintiff had adequately described harm he allegedly sustained from Defendants’ purported actions.  Whether the alleged actions and resulting damages actually occurred will be a question for the trial court to resolve.

While Doe v. Byrd is not a Michigan case, it presents interesting issues that could be applicable in Michigan.  Lusk Albertson will keep a close watch on the case and report any notable developments.  Stay tuned!