Law & Courts

Court Says ‘Gifties’ Misapplied Talents

By Andrew Trotter — March 20, 2007 3 min read
  • Save to favorites
  • Print

Precocious maybe, but a group of gifted students showed little merit in a lawsuit they brought against the Chicago school system, a federal appeals court has ruled.

Twenty-four 8th graders in Beaubien Elementary School’s program for the gifted in 2003 contended in the suit that their principal violated their First Amendment free-speech rights by disciplining them for wearing T-shirts they had designed.

The students were protesting what they claimed was an unfair vote for a T-shirt design to be worn by all the school’s 8th graders in the 2002-03 school year.

There were tensions between students in the 8th grade gifted program, which draws students from all over Chicago, and neighborhood students at the 1,000-student school, U.S. Circuit Judge Richard A. Posner, a member of the three-judge panel considering the case in the U.S. Court of Appeals for the 7th Circuit, in Chicago, noted in his opinion.

The gifted students referred to themselves as “gifties” and sometimes to the other students as “tards,” for “retards,” Judge Posner wrote in a unanimous Feb. 20 opinion.

Michael D. Brandt, a student in the gifted program, submitted to the contest his cartoon of a grinning student giving a “thumbs-up” sign and walking Beaubien Elementary’s bulldog mascot.

Gifted students in Chicago were disciplined for wearing T-shirts with this design, after it failed to win a school contest. The students contended their free-speech rights were violated, but a federal appeals court disagreed.

Gifted students in Chicago were disciplined for wearing T-shirts with this design, after it failed to win a school contest. The student contended their free-speech rights were violated, but a federal appeals court disagreed.

The “gifties” voted as a bloc for Mr. Brandt’s design for the 8th grade class T-shirt—which would ensure a win, they thought, because the 72 other 8th graders would presumably spread their votes across 29 other designs. But the teacher in charge unexpectedly held a runoff vote for the three most popular designs, including Mr. Brandt’s. With a field of three, the gifted students’ bloc-voting scheme failed.

So Mr. Brandt had his design printed on T-shirts with the words “Gifties 2003” added to the back.

The gifted students wore the shirts to school, in defiance of Beaubien’s principal, who said that would be disrespectful and possibly disruptive.

The students were punished by being kept out of gym and lab classes and by being barred from after-school activities on nine days when at least one of them wore the shirt. Later, the principal, on the advice of a school intervention team, decided to allow the T-shirt. Nonetheless, the students asked in their suit that school officials be barred from telling anyone about the incident, such as colleges or potential employers.

In his opinion for the court’s ruling against the suit, Judge Posner slyly gave the “gifties” credit for intelligence.

“But craftily,” he said, “they first wore the forbidden shirt on the day when citywide tests were administered to public school students. They figured the school would not take disciplinary action against them on that day lest that lower the school’s average test scores (they are gifties, after all).”

Judge Posner said there had been no constitutional violation: “[T]he picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child’s talentless infantile drawing which Brandt’s design successfully mimics.”

The judge gave some credit to the students’ contention that the T-shirts became protected expression because they were worn as part of a protest against the class T-shirt vote.

“But the importance of context cuts both ways,” the judge wrote. “The protesters in this case are … privileged schoolchildren in a school that contains a majority of nonprivileged children. They insist that unless their T-shirt is adopted by the entire 8th grade, they will as it were secede, and flaunt their own T-shirt. They do not recognize the principal’s authority or the legitimacy of the school’s procedures for determining the winner of contests.”

The 7th Circuit court panel ordered the students to pay the 420,000-student Chicago district’s legal costs of $10,556.

See Also

For more stories on this topic see Law & Courts.

A version of this article appeared in the March 21, 2007 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding?
The Supreme Court appears ready to let Catholic preschools bypass Colorado’s LGBTQ+ anti-discrimination requirement.
5 min read
The Supreme Court is seen at day's end in Washington, Thursday, Oct. 1, 2026, as the justices prepare to begin the new term next week.
The U.S. Supreme Court, seen here in Washington on Oct. 1, 2026, appeared ready to side with Catholic preschools in challenging Colorado’s requirement that publicly funded providers sign an anti-discrimination pledge covering sexual orientation and gender identity.
J. Scott Applewhite/AP
Law & Courts Can Public Schools Try to Boost Diversity? Admissions Policies Face a New Test
Challenges to race-neutral methods for selective admissions are continuing.
6 min read
Photo collage of the Supreme Court building with a diverse group of teens superimposed over it.
Collage by Gina Tomko/Education Week + Canva
Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP