Supreme Court Roundup

W A S H I N G T O N, March 19, 2001 -- A former high school student says he had afree-speech right to wear Marilyn Manson T-shirts to class. Butofficials at his school in Ohio banned them as offensive, and today the student lost a Supreme Court appeal.

The court, without comment, turned down the student's argumentthat school officials could not keep him from wearing T-shirtsdepicting Manson, a "shock rock" star who took his stage namefrom Marilyn Monroe and mass killer Charles Manson.

Nicholas J. Boroff was a senior when he arrived at Van Wert HighSchool in Van Wert, Ohio, in August 1997 wearing a Marilyn MansonT-shirt. Manson's real name is Brian Warner, and his group also isnamed Marilyn Manson.

The front of the shirt depicted a three-faced Jesus and the backof the shirt said "believe" with the letters "lie" highlighted.

A school administrator told Boroff the shirt was offensive andtold him to either turn it inside out, go home and change, or leaveand be considered truant.

Boroff left, and returned each of the next four school dayswearing other Marilyn Manson T-shirts. Each time he was told hecould not attend class wearing the shirt.

Boroff sued, saying school officials violated his constitutionalrights to free speech and due process. A federal judge ruled forthe school district, and the 6th U.S. Circuit Court of Appeals inCincinnati agreed.

The case is Boroff vs. Van Wert City Board of Education .

The Supreme Court also took these actions today:

Ruled that the Fifth Amendment's protection againstself-incrimination extends to innocent people as well as theguilty. The unanimous ruling came in the case of an Ohio manconvicted of shaking his infant son to death. He blamed the familybaby sitter, who denied wrongdoing but refused to testify unlessprosecutors granted her immunity.

Declined to get involved in a food fight between rival pizzamakers Papa John's and Pizza Hut. The court turned down Pizza Hut'sappeal in a false-advertising lawsuit, meaning Papa John's canstill claim that its ingredients make for a better pie.

Turned down an appeal from a Marine court-martialed forrefusing to take the mandatory anthrax vaccine. Lance Cpl. MatthewD. Perry challenged the legality of the order mandating vaccinesand said a jury, not a judge, should have considered that argument.

Turned down another military appeal in the case of an Armyenlisted man, Ronald A. Gray, who was convicted of murdering twowomen. Gray claimed he could not be sentenced to death by acourt-martial jury of fewer than 12 people, and that commandingofficers should not be allowed to choose the jurors.

Turned down an appeal from Brett Kimberlin, who claimed paroleofficials railroaded him when they postponed his release two yearsago. Kimberlin is a convicted bomber best known for claiming heonce sold marijuana to former Vice President Dan Quayle.

Let stand a decision by Ohio school officials that a studentdid not have a free-speech right to come to class in T-shirtspromoting shock-rocker Marilyn Manson.

Rejected an appeal by a Pennsylvania woman whose murderconviction for the death of a romantic rival was thrown out by ajudge but reinstated by an appeals court.