Sometimes, schools can go too far. Being a product of private schooling for my entire life, I may be a bit sheltered and perhaps even too biased. However, I do think that public schools who take public funds to stay open ought to properly respect the rights and liberties of all students and staff. This includes the right to free speech and religion.

Now, I’m not insane. I know that the right to speak freely may be properly curtailed and restricted under some circumstances—but when are those instances just sorry excuses to silence speech which someone finds offensive or just plainly doesn’t like?

A federal judge in New York got it right recently when he ordered a New York School in Schenectady to reinstate a 13-year-old boy who received a suspension for wearing rosary beads. Oneida Middle School had argued that the school’s code of conduct clearly states that “beads” worn outside of the shirt are forbidden because beads are often identifiers for gangs.

In his defense, Raymond Hosier, filed a federal law suit against his school stating that it violated his free speech by not only requiring him to remove the beads but by subsequently suspending him for failing to do so.

Hosier has worn the beads for close to a year. He has been wearing them in memory of his older brother who died in a bicycle accident and who died clasping the beads. He has said that when he wears the beads, his “brother’s memory is alive.”

Hosier has resolutely stated that he is not associated with any gang.

So when does a policy such as the ban on beads just become purely draconian and even constitutionally illegal?

Though the school spokesperson has said that they ban all beads to protect the students, it seems that this is only a cover for silencing speech and for banning expression of religions.

Hosier’s civil rights were violated. The same would be true if the school asked a Jewish student to remove his yarmulke or a Muslim student to remove her head scarf. Though Catholics do not wear rosaries around their necks, it does seem that the beads are uniquely symbolic of the faith. By banning their presence, the school is banning the religion.

What complicates or perhaps even clears up this case is that Hosier has worn the beads on the outside of his shirt for almost the entire school year and only recently was told to tuck them inside his shirt.

If I was the judge, I’d force the school to present concrete, convincing evidence of the link between rosaries and gang violence. It seems that such a connection has to be painfully obvious in order for it to trump the students’ rights to religious freedom and freedom of expression. The only thing here that is painfully obvious is that the school is going to have a very difficult time getting itself out of this pickle.