## Facts

- Nicholas J. Boroff, a student at an Ohio public high school, repeatedly wore Marilyn Manson T-shirts to school in 1997.
- The school maintained a dress policy barring “clothing with offensive illustrations” and clothing with drug, alcohol, or tobacco slogans.
- On August 29, Boroff wore a shirt depicting a “three-faced Jesus” with text reading “See No Truth. Hear No Truth. Speak No Truth,” and “BELIEVE” with “LIE” highlighted; an administrator told him the shirt was offensive and required him to turn it inside out, go home to change, or leave and be marked truant; Boroff left.
- After Boroff wore another Marilyn Manson shirt on September 4, school administrators met with Boroff and his mother and stated students would not be permitted to wear Marilyn Manson T-shirts on school grounds.
- Boroff nevertheless wore different Marilyn Manson shirts on September 5, 8, and 9; administrators viewed the shirts as communicating themes inconsistent with the school’s educational mission, including anti-religious mockery and associations with drugs and violence.
- Boroff sued school officials and the board under 42 U.S.C. § 1983, alleging violations of the First and Fourteenth Amendments.
- The district court granted summary judgment for defendants, and Boroff appealed.

## Issues

1. Whether a public high school may prohibit a student from wearing Marilyn Manson T-shirts deemed “offensive” and inconsistent with the school’s educational mission without violating the First Amendment.
2. Whether banning Marilyn Manson T-shirts constitutes unconstitutional viewpoint discrimination or a permissible content-based restriction under student-speech doctrine.

## Decision

- The Sixth Circuit affirmed summary judgment for the school board and administrators.
- The court held the prohibition did not violate Boroff’s First Amendment rights.
- The court concluded the restriction was permissible under Bethel Sch. Dist. No. 403 v. Fraser and Hazelwood Sch. Dist. v. Kuhlmeier as applied to student expression regarded as offensive and inconsistent with the school’s basic educational mission.
- The court rejected the viewpoint-discrimination claim, treating the action as enforcement of a generally applicable policy against offensive content rather than suppression of a protected viewpoint.
- A dissent argued the majority’s approach allowed “offensiveness” to displace Tinker’s substantial-disruption requirement.

## Legal Principles

- Public schools may regulate certain categories of student expression that are inconsistent with the school’s basic educational mission, including expression reasonably viewed as offensive or undermining civility, consistent with Fraser.
- School regulation of student expression may be upheld when reasonably related to legitimate pedagogical concerns, consistent with Hazelwood, even outside a traditional public forum context.
- A dress code barring “offensive” content may be applied as a content-based restriction in the school setting when tied to maintaining a respectful educational environment and discouraging messages associated with drugs, violence, or hostility toward others.
- A restriction is less likely to be treated as unconstitutional viewpoint discrimination when it is grounded in a generally applicable prohibition on offensive content rather than targeting a particular political or religious position.

## Conclusion

The Sixth Circuit upheld a high school’s enforcement of its dress policy to prohibit Marilyn Manson T-shirts, ruling the restriction was a permissible regulation of offensive student expression connected to legitimate educational interests and not unconstitutional viewpoint discrimination.


Boroff v. Van Wert City Bd. of Educ., 220 F.3d 465 (6th Cir. 2000)