Melton v. Young

• Decision Date: 19 June 1971
• Docket Number: Civ. A. No. 6018.
• Citation: 328 F. Supp. 88
• Parties: Bryan MELTON, and wife, Mrs. Bryan Melton, on behalf of their minor son, Rod Melton v. Corley R. YOUNG et al.
• Court: U.S. District Court — Eastern District of Tennessee

328 F. Supp. 88

Bryan MELTON, and wife, Mrs. Bryan Melton, on behalf of their minor son, Rod Melton v. Corley R. YOUNG et al.

Civ. A. No. 6018.

United States District Court, E. D. Tennessee, S. D.

June 19, 1971.

COPYRIGHT MATERIAL OMITTED

Jack Kershaw, Nashville, Tenn., for plaintiffs.

Raymond B. Witt, Jr., Chattanooga, Tenn., for defendants.

OPINION

FRANK W. WILSON, Chief Judge.

This lawsuit, involving the suspension of a high school student from a public school, presents two issues of federal constitutional dimension. One issue is whether a public school regulation forbidding students from wearing "provocative symbols" upon their clothing is violative of the First and Fourteenth Amendments. The second issue presented is whether the suspension of a student for refusal to cease wearing a shoulder patch consisting of a replica of the Confederate flag was violative of the First and Fourteenth Amendments under the circumstances shown to have been existing within the school at the time of the suspension.

At an initial hearing upon a motion for preliminary injunction held shortly after the suspension of the student, an understanding was reached whereby the student agreed to return to school without further wearing the Confederate emblem pending a final decision of this lawsuit and the school authorities, who are the defendants herein, agreed that the return of the student to school under such circumstances would be permitted and would not constitute a waiver of any issues sought to be raised by the plaintiff in the lawsuit, nor would it render moot any such issue. A preliminary order was entered pursuant to this agreement of the parties.

It may appropriately be noted that although in the initial stages of this lawsuit the plaintiffs made certain contentions regarding denial of procedural due process and denial of equal protection of the law in connection with their son's suspension, at a pretrial conference the plaintiffs' counsel advised that in the interest of assuring a decision upon the merits of the plaintiffs' freedom of speech contentions made pursuant to the First and Fourteenth Amendments, the plaintiffs did not intend to pursue further their contentions regarding lack of procedural due process or denial of equal protection of the laws in the manner in which the suspension was accomplished. Furthermore, it appears to the Court from the evidence that the procedure by which the suspension was accomplished was fundamentally fair and regular and that there were no violations of either procedural due process or equal protection of the laws in connection therewith. As will be noted more fully hereinafter, the student was at all times fully advised as to the nature of the infraction with which he was charged and was afforded opportunities both for correction of the infraction and for hearings in connection with his suspension. The evidence is found insufficient to establish arbitrary action or discrimination in the suspension procedure followed.

The evidence in this case is voluminous and encompasses many matters that are of only peripheral relevance. Although the parties filed extensive stipulations of fact, an additional five days was taken up in testimony. A substantial portion of the testimony now appears to have been repetitious of matters set forth in the stipulations.

The relevant facts appear to be largely undisputed and they are as follows: Brainerd High School is one of five public high schools operated by the School Board for the City of Chattanooga, Tennessee. At the time that a dual school system was being operated by the City for black and white students, Brainerd High School was operated as an all white school. During the period it was being so operated the student body had adopted the name "Rebel" as the school nickname and the practice had developed of using the Confederate flag as the school flag and the song "Dixie" as the school pep song. As a result of this Court's order, the school was desegregated in 1966 and since that time the student body has been composed of both races. At the commencement of the school year 1969 the racial composition of the student body consisted of 1,224 white students and 170 black students. During the initial years of desegregation there appears to have been no significant events within the student body tending to polarize the students along racial lines. Commencing with the opening of school in the fall of 1969, however, a series of events occurred which ultimately led not only to serious disruption within the school, resulting in the closing of the school upon two occasions in the spring of 1970, but also the disruption spread throughout the City of Chattanooga and resulted in a city-wide curfew being imposed in an effort to abate racial tensions and to restore order.

Whatever may have been the underlying causes and reasons for disharmony developing within the school, it is clear that by the fall of 1969 the use of the Confederate flag as a school symbol, as well as the use of the song "Dixie" as the school pep song, had become an issue with a number of the black students. The first overt sign of this was a walkout by a number of black students at a school pep rally on September 9, 1969, in protest of the use of the Confederate flag and song. At a similar student pep rally on September 12, 1969, a larger group of black students walked out in protest of the symbol and song. On October 3, 1969, all black students walked out of a student pep rally, again in protest of the continued use of the flag and song. Up to this point the walkouts had been accomplished peacefully. At a school football game on the evening of October 3, 1969, however, serious trouble appears to have been narrowly averted when a group of black students left their seats in unison at the half time of the game and went upon the playing field where one or more of the students attempted to burn a Confederate flag. Police action was required on this occasion to restore order.

Polarization along racial lines now began to appear within the student body and altercations began to occur within the school with increasing frequency between black and white students. By this time students of both races appear to have been receiving outside encouragement for their respective positions regarding the school flag and song. The controversy over the flag and song were now spreading to the community.

On October 8, 1969, classes were disrupted for a period by a walkout of some 400 white students, soon followed by another 600 white students, in protest over reports that the Confederate flag and the song "Dixie" were to be dropped as the school symbol and pep song. Shortly before this time, a student biracial committee had been established within the school and had suggested that the controversy over the school flag and song be resolved by a student vote. After some equivocation, this suggestion was rejected by school authorities.

On the evening of October 8, a sizeable motorcade drove through various parts of the City waving Confederate flags and otherwise expressing their partisanship. Also on this evening some 500 parents attended the School Board meeting to express their concern over the growing dissension at Brainerd High School and the apparent lack of effective disciplinary action.

During the night of October 11, 1969, a tense racial situation developed within the City when some 500 to 600 students and adults gathered in the Brainerd commercial area waving Confederate flags, singing "Dixie" and otherwise demonstrating their partisanship. In the meanwhile, a number of Negroes gathered nearby, likewise demonstrating their partisanship. Rocks and bottles were hurled at passing vehicles waving Confederate flags. A confrontation was avoided only after a number of arrests were made and after appeals were made by public officials to the crowds to disperse. In an effort to lessen the rising tensions within the City and to head off further racial confrontations, a city-wide curfew was imposed for four nights, from October 13 through October 17, 1969.

Throughout the remainder of the fall semester, considerable racial tension existed within the student body. Nighttime athletic events were rescheduled to be held in the afternoon. Sporadic fighting occurred between students of different races and some students were suspended from school. In January of 1970 a new principal, Dr. B. L. Von Schaaf, was assigned to the school and a number of steps were taken to tighten discipline within the school.

During the spring of 1970 racial incidents continued to occur at the school and racial tensions continued to mount. On April 14, 1970, a major confrontation between black students and white students developed in the school cafeteria. Although this was broken up by school authorities without a fight having developed, the black students then refused to return to their classes for a time. When school was let out that afternoon, another major confrontation developed between the black and white students in the schoolyard, requiring the calling of some 40 policemen to restore order. Nine students were arrested upon this occasion.

The following day, April 15, racial tensions and racial incidents continued to mount. Black students gathered in the hallways and refused to go to classes. They stated that they were dissatisfied with school social clubs and extracurricular activities and would not be a part of the school so long as it maintained its present school symbols. Two fires of undetermined origin were discovered and put out in the school auditorium. It was again necessary to call a large number of police to maintain order and several altercations between students and police occurred. In an effort to restore order and to lessen tensions, it was announced that the school would be closed for the next two days, April 16 and 17. However, when classes were resumed the following week, racial turmoil promptly broke out...