With high school graduations taking place across the country, teenagers are being urged to go boldly into the world to make it a new and better place for themselves and for generations to come. Meanwhile, the U.S. Court of Appeals for the Second Circuit has delivered a very different message to high school students: keep your heads down and don’t challenge authority.

In the late 1960s the U.S. Supreme Court upheld the right of students to wear black armbands protesting the Vietnam War in an opinion that was extraordinary in extolling the value of student speech and condemning efforts by school officials to suppress that speech. Though professing to adhere to that case, the Second Circuit in late April rejected a First Amendment claim about a high school student’s T-shirt with an opinion that illustrates how far the lower courts have come in turning their back on the spirit of the Supreme Court’s seminal ruling.

Protesting the Vietnam War

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