New T-Shirt Slogans From the Ninth Circuit

REINHARDT, Circuit Judge, concurring in the order denying the petition for rehearing en banc:

The dissenters still don’t get the message — or Tinker! Advising a young high school or grade school student while he is in class that he and other gays and lesbians are shameful, and that God disapproves of him, is not simply “unpleasant and offensive.” It strikes at the very core of the young student’s dignity and self-worth. Similarly, the example Judge Kozinski offers, a T-shirt bearing the message, "Hitler Had the Right Idea” on one side and “Let’s Finish the Job!” on the other, serves to intimidate and injure young Jewish students in the same way, as would T-shirts worn by groups of white students bearing the message “Hide Your Sisters — The Blacks Are Coming.” Under the dissent’s view, large numbers of majority students could wear such shirts to class on a daily basis, at least until the time minority members chose to fight back physically and disrupt the school’s normal educational process. Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 513 (1969).

Harper v. Poway Unified School District, No. 04-57037 (9th Cir. Jul. 31, 2006).