School Yearbook Photo Raises First Amendment Concerns

In Arlington, Washington, the president of the Arlington High School debate club, honors student Justin Surber, is at the center of a First Amendment controversy. Once a week, to provoke debate Surber wears to school a T-shirt picturing philosopher Friedrich Nietzche and a quote from him: "God is dead." Surber also wore the shirt on the day the debate club's photo was taken for the yearbook. The yearbook advisor asked for a retake without the T-shirt, and when that second photo was taken sometime later, in protest Surber and a friend refused to be in it. Surber says his views are being censored, and that photos of students wearing clothing with Christian messages are allowed in the yearbook. According to an AP report yesterday, school officials point to the student handbook which says that student publications are not private speech of students, but are public activities of the school district. They say that the school district's lawyer advised that a student's First Amendment rights are not violated when a yearbook refuses to run a photo of him.