Nathaniel Borrell Dyer v. Atlanta Independent School System

On February 8, 2018, Atlanta Independent School System (AISS) attached a scanned version of Mr. Dyer’s satirical flyer to a suspension letter which banned him from public comment for one year. AISS stated, “Specifically, you passed out flyers to audience members that contained the phrase “unnigged coming soon” and that contained a picture of Superintendent Carstarphen wearing a photoshopped football jersey with the name “FALCOONS” on it. These insulting references are completely outside the bounds of civility and, as before, were offensive to the Board, our Superintendent, and our staff and community.” This court has stated “giving offense is a viewpoint.” Matal u. Tam, 582 US _ (2017). We have said time and again that “the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.” Street v. New York, 394 U. S. 576, 592 (1969). (“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable”); Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 55—56 (1988). The questions presented are:

1. Whether Atlanta Independent School System violated Mr. Dyer’s First Amendment right to free speech by categorically banning him from using protected speech in a limited public forum because of a satirical flyer depicting public figures and elected officials which AISS found to be offensive?

2. Whether AISS violated Mr. Dyer’s Fourteenth Amendment due process rights by categorically banning him from engaging in public comment at school board meetings while instructing him not to set foot on any AISS property or have any communication with AISS officials and staff, without providing him a way to contest the suspension?