I believe the Supreme Court would say that even if the school administration believed the t-shirts were meant to stir up sh#t, they cannot be treated as such and are protected speech as the shirts were directed at the world at large and not the, "person of the hearer."
I think this is the fighting words test, but someone who is better educated about it is more than welcome to correct me. Basically some Jehova's witnesses were pedaling some material that spoke not so kindly of the Catholic church in a Catholic neighborhood:
http://caselaw.lp.findlaw.com/cgi-bi...=310&invol=296
Cantwell's conduct, in the view of the court below, considered apart from the effect of his communication upon his hearers, did not amount to a breach of the peace. One may, however, be guilty of the offense if he commit acts or make statements likely to provoke violence and disturbance of good order, even though no such eventuality be intended.
Decisions to this effect are many, but examination discloses that, in practically all, the provocative language which was held to amount to a breach of the peace consisted of profane, indecent, or abusive remarks directed to the person of the hearer. Resort to epithets or [310 U.S. 296, 310] personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution, and its punishment as a criminal act would raise no question under that instrument.
That is where the courts basically define fighting words.
We find in the instant case no assault or threatening of bodily harm, no truculent bearing, no intentional discourtesy, no personal abuse. On the contrary, we find only an effort to persuade a willing listener to buy a book or to contribute money in the interest of what Cantwell, however misguided others may think him, conceived to be true religion.
I think the Tinker case was more relevant. The kids were sent home for wearing armbands symbolic for their protest of the Vietnam war:
http://www.bc.edu/bc_org/avp/cas/com...ch/tinker.html
The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment. See West Virginia v. Barnette, 319 U.S. 624 (1943); Stromberg v. California, 283 U.S. 359 (1931). Cf. Thornhill v. Alabama, 310 U.S. 88 (1940); Edwards v. South Carolina, 372 U.S. 229 (1963); Brown v. Louisiana, 383 U.S. 131 (1966).
As we shall discuss, the wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it. It was closely akin to "pure speech" [506] which, we have repeatedly held, is entitled to comprehensive protection under the First Amendment. Cf. Cox v. Louisiana, 379 U.S. 536, 555 (1965); Adderley v. Florida, 385 U.S. 39 (1966).
First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years. In Meyer v. Nebraska, 262 U.S. 390 (1923), and Bartels v. Iowa, 262 U.S. 404 (1923), this Court, in opinions by Mr. Justice McReynolds, held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students. Statutes to this effect, the Court held, unconstitutionally interfere with the liberty of teacher, student, and parent. [note 2] See also Pierce v. Society of Sisters, 268 U.S. 510 [507] (1925); West Virginia v. Barnette, 319 U.S. 624 (1943); McCollum v. Board of Education, 333 U.S. 203 (1948); Wieman v. Updegraff, 344 U.S. 183, 195 (1952) (concurring opinion); Sweezy v. New Hampshire, 354 U.S. 234 (1957); Shelton v. Tucker, 364 U.S. 479, 487 (1960); Engel v. Vitale, 370 U.S. 421 (1962); Keyishian v. Board of Regents, 385 U.S. 589, 603 (1967); Epperson v. Arkansas, ante, p. 97 (1968).
Those t-shirts clearly weren't, "fighting words," as defined by the SCOTUS, at the bare minimum because they weren't directed at anyone. If someone shanks them over it, that person gets in trouble. That's how this works. The system is in place to protect freedom of speech. Even if in our age of spending too much time on the internet we treat passive (or passive-aggressive, whatever) protest as, "trolling."
Morse v. Frederick
http://www4.law.cornell.edu/supct/html/06-278.ZO.html
Our cases make clear that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 506 (1969) . At the same time, we have held that “the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings,” Bethel School Dist. No. 403 v. Fraser, 478 U. S. 675, 682 (1986) , and that the rights of students “must be ‘applied in light of the special characteristics of the school environment.’ ” Hazelwood School Dist. v. Kuhlmeier, 484 U. S. 260, 266 (1988) (quoting Tinker, supra, at 506).
Consistent with these principles, we hold that schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use. We conclude that the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending the student responsible for it.
While this one does say that kids can't wear whatever they want at school, you're going to have a hard time convincing me that wearing the American flag on Cinco de Mayo is comparable to, "BONG HiTS 4 JESUS." I put this one in to show the limits of constitutional protection of the free speech rights of students. In this case, that limit is the schools right to prohibit promotion of an illegal activity, i.e., illegal drug use. They are not talking about the schools right to prohibit people from getting mad about their American flag.
And that, is as much effort as I'm willing to put into this at 9am. In short, bad, bad, school district. It's unfortunate that in this age of the internet we have people, even in this thread, that can take a symbolic act (which is what this is and what the courts will treat it as, mark my words) and treat it like some kind of internet troll or Howard Sternesque, "shocking act." Whether you like it or not, agree or not, and whether it would make some people mad/angry or not, it's well within the law to wear those shirts, and protected speech. The purpose of free speech is, like it or not, to protect unpopular speech. It is the kind that needs the most protecting. If some Mexican stabs a kid over it? Then that Mexican gets in trouble. That's what the law is for.
EDIT: I'm sorry, but this:
The issue is not that they were wearing American flag shirts. Nobody cares. It is that the kids clearly did it with the intent on making others feel uncomfortable in a learning environment. That is wrong and their parents should be ashamed. If they're not, they're probably racists too.
is a big joke. School is exactly the place to be teaching children about free speech and the importance of it. I will proudly say by your definition, I am a big, ignorant, rednecked racist, because I judge things based on one of our most sacred rights as Americans, not by my fear of making people uncomfortable. Keep wearing kid gloves, I'm sure your children will love big brother in 50 years.