Bretton Barber, a high school junior in Dearborn Heights, Mich., who is deeply interested in civil liberties, knew what to do when he was sent home from school on Feb. 17 for wearing a T-shirt with a picture of President Bush and the words "International Terrorist."

First, he called the American Civil Liberties Union. But it being Washington's Birthday, no one answered.

Bretton Barber with the T-shirt his high school told him to remove. He contacted the Michigan chapter of the American Civil Liberties Union. (Photo/Jeffrey Sauger-NY Times)

Next he went on the Internet to re-read a Supreme Court case from 1969, Tinker v. Des Moines, that supported students' freedom of expression. Then he called the Dearborn High School principal to talk about his constitutional rights. And then he called the news media.

"I wore the T-shirt to express my antiwar sentiment," said Mr. Barber, a budding political advocate who joined the A.C.L.U. last year and has been to three antiwar demonstrations in the last month. "In the morning, I got a lot of compliments and no negative feedback. But at lunch, the vice principal came and said I had to turn it inside out or go home. When I asked why, he said I couldn't wear a shirt that promotes terrorism."

Mr. Barber is steeped in civil liberties law, so his talk with the principal, Judith Coebly, revolved around the Tinker case, which dealt with students who wore black armbands to protest the Vietnam War. In that case, the court found that students did "not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," although educators may stop expression that substantially interferes with the functioning of a school.

"She immediately asked if I was familiar with the Supreme Court case, Tinker v. Des Moines," Mr. Barber said. "I said I was very familiar with it. She said it happened in 1969. And I said no, it happened in 1965, but it got decided in 1969. Then she quoted directly from the dissenting opinion, to say that the school has the right to control speech. I knew that wasn't how the case came out, but I didn't argue with her."

High school officials were in meetings yesterday, and Ms. Coebly's office referred inquiries to a spokesman for the district, who did not return phone calls. Superintendent John G. Artis had previously said the schools had an obligation to maintain an environment "conducive to learning."

With the nation gearing up for war, Mr. Barber's T-shirt prompted reports in newspapers in many countries and rekindled the debate over students' rights to political expression. Although the Tinker case resolved the legal issue, as a practical matter, many school officials are quick to act when students express unpopular positions.

At Franklin D. Roosevelt High School on 20th Avenue in Bensonhurst, Brooklyn, Yusra Awadeh, 17, was taken from class in November, searched and told that she could not wear a T-shirt and pin that showed the Palestinian flag or display pro-Palestinian stickers. The school later reversed its decision.

Education lawyers said it was not always clear what action an administrator might constitutionally take if a student wore clothing that expressed volatile views. The answer, the lawyers said, depends on factors like the history of the school and the composition of the student body.

A spokeswoman for the Michigan chapter of the civil liberties union, Wendy Wagenheim, said, "Probably within the next week either the school will recognize that he has the right to express himself or we will seriously consider litigating."

Copyright 2003 The New York Times Company

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