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Georgia district sued by Black students for banning pro-BLM attire: 'Unconstitutional'

A Georgia school district called Effingham County was sued for policies to prohibit Black Lives Matter apparel, claiming it was discriminatory against Black students.

A Georgia school district was sued by Black students last week for allegedly banning them from wearing pro-Black Lives Matter messaging in school; it also alleged there was a racist bias in enforcing dress code policies. 

The lawsuit said that the Effingham County School District maintained policies that were hostile, unconstitutional and discriminatory. 

"Under the school's dress code, which is promulgated by the Board, school officials permit the wearing of any and all Confederate flag apparel is permitted, but simultaneously prohibit the wearing of any and all 'Black Lives Matter' or related thematic messaging (e.g. a shirt with Black Love)." 

According to the lawsuit, this policy to allow – for example, pro-Trump messaging while restricting BLM – was in violation of students' First Amendment rights

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"The school's dress code and disciplinary policies create an atmosphere where certain viewpoints including white nationalism and white supremacy are permitted but speech of an ideologically different viewpoint is expressly prohibited," the lawsuit states. 

The suit further took aim at the "Confederate flags in the building" and how students were allegedly permitted to wear "Confederate flag attire."

In one case, the lawsuit said, a White student wore "a full Hitler costume during spirit week after obtaining prior approval from a teacher." It said there were no repercussions brought to the student for wearing Nazi attire.

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The lawsuitealso argued the schools "create an atmosphere where white nationalism and white supremacy are permitted," and that there was "deliberate indifference to acts of racial animosity toward Black students perpetuated by white students and teachers."

Fox News Digital reached out to the plaintiffs – the superintendent and school board members – but did not immediately receive a response.

The lawsuit added that the students have attempted to address issues of discrimination and racism, to no avail.

"Plaintiffs have experienced a pattern of… overt bigotry and animosity by some white students and teachers against African American students… school officials have taken no actions to address or prevent these reported incidents."

The district did not immediately respond to a request for comment. 

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