Elizabeth’s shirt satisfies the factor test set forth in Hazelwood and should be considered school-sponsored speech. To determine whether or not an activity is school-sponsored the following factors are assessed: whether or not the class was part of the school’s curriculum, whether or not the student receives a grade on the assignment, and who has the final say over the classroom material. Hazelwood Sch. Dist., 484 U.S. 260, 268 (1988). This Court stated in Peck v. Baldwinsville Central Sch. Dist., that a poster, which was created as part of a classroom assignment was part of the school’s curriculum. 426 F.3d 617, 621 (2nd Cir. 2005). Peck was a kindergarten student who drew a religious picture in response to a class assignment. This Court held that since it satisfied a class requirement it satisfied the Hazelwood factor test as being school-sponsored. Id. at 629. …show more content…
Marineau, and therefore, the decision in Guiles v. Marineau, should not impact the decision in this case. The only similarity between that case and ours is a suspension of a student wearing a t-shirt with a message displayed. Guiles wore a t-shirt that he bought while at an anti-war rally; the shirt had a picture of then President, George W. Bush on the front superimposed onto the body of a chicken. Guiles v. Marineau, 461 F.3d 320, 322 (2nd Cir. 2006). The shirt contained images among others, three lines of cocaine and a martini glass. Id. In addition, there were words such as “AWOL”, and “Lying Drunk Driver” that attacked the character of the then President of the United States. Id. This Court held that Hazelwood should not apply because the speech in this case was not school sponsored. Id. at 327. The main distinguishing factor is that Elizabeth created this shirt herself as opposed to buying it. R-29. Due to the difference in facts between this case and Guiles, the Guiles decision should not be applied to this