A Wisconsin high school will not be punishing students who made what appeared to be a Nazi salute in a junior prom group photograph, because doing so would violate their First Amendment rights.
The picture showing around 60 students from Baraboo High School, some raising their arm in a Nazi salute, went viral after being posted on Twitter earlier in November. Photographer Peter Gust–who took the picture—has claimed that the students were waving, an account disputed by one student in the picture who did not raise his arm.
In a letter to parents Baraboo Superintendent Lori Mueller said the district can’t punish the students because they are protected by the First Amendment.
“We cannot know the intentions in the hearts of those who were involved,” she wrote Wednesday, in the letter obtained by the Wisconsin State Journal. “Moreover, because of students’ First Amendment rights, the district is not in a position to punish the students for their actions.”
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