A student at a predominantly African American high school insists on wearing a T-shirt that some say advocates white supremacy ideologies. Using the preferred freedoms approach, convince the school board to allow the student to wear the shirt to class
What will be an ideal response?
The preferred freedoms approach stresses that civil liberties have a preferred position among other constitutional values. The burden lies on the government or school to show the clear and present danger that exists when the freedom is exercised. Here, the student would argue that upsetting other students does not create a clear and present danger. Wearing an offensive T-shirt, under this approach, must be tolerated to have a democracy.
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