In Indiana, 2 teenage girls who posted pictures of themselves on MySpace pretending to kiss or lick a novelty lollipop shaped like a phallus and wearing lingerie pasted with dollar bills are now suing their school district, claiming that their exclusion from extracurricular activities is unconstitutional. The Principal of Churubusco High School, after learning of the pictures, excluded the girls from extra-curricular activities, including athletics. The exclusion comports with the policy of the Churubusco High School, which vests administrative authority in the Principal to “exclude any student athlete from representing Churubusco High School if his/her conduct in or out of school reflects discredit upon Churubusco High School or creates a disruptive influence on the discipline, good order, moral or educational environment …” The Principal determined that the inappropriate pictures reflected poorly on Churubusco High School.
The ACLU is representing the students at issue, who claim that the policy impermissibly restricts the students’ First Amendment rights to free expression. A copy of the complaint can be found here.