Battle won for students' free-speech rights

One of the high schools profiled in a WND report about educators censoring free speech because of its Christian and pro-life content has recanted, and now will allow the distribution of those messages on the same basis as other messages, according to a law firm involved in the disagreement.

Lawyers for the Alliance Defense Fund said Penn Cambria high school and Penn Cambria School District officials have decided that messages including those relating to the student-led Pro-Life Day of Silent Solidarity, a project of Stand True Ministries, now will be treated as other communications within the district.

There's also progress in two other cases in Virginia and New York, but no final resolutions yet, ADF Legal Counsel Matt Bowman told WND.

As reported earlier, officials in the Penn Cambria school in Cresson, Pa., had erected bans to free speech when 16-year-old sophomore Sarah Hollen wanted to take part in Stand True's "3rd Annual Pro-Life Day of Silent Solidarity." Along with classmates and outside of instruction time, she wanted to silently distribute fliers containing text advocating against abortion.

Before classes began, the librarian had told her to get permission from an administrator. Since Principal Kathy Nagle was not in her office, she approached Assistant Principal Ernie Fetzer and was given permission to hand out fliers during non-class time.

However, during third period classes, Nagle summoned the students into her office and ordered them not to hand out any fliers – or to wear tape over their mouths in a symbolic gesture, because it was too controversial and "might start a fight."

She objected to the anti-abortion content, and rescinded the assistant principal's approval to pass out leaflets, and then insisted that fliers must be authorized by her two weeks prior to an event.

The principal had told Hollen that even outside of class, she would not be allowed to wear the tape that read, "Ask My Why I'm Not Talking," even though the school earlier had allowed similar demonstrations by other students on other issues.

The ADF, which filed a complaint over the restrictions, now has announced that the school has changed its position.

"First Amendment rights are not null and void for students on a public school campus. The U.S. Supreme Court made that clear in the Tinker v. Des Moines ruling nearly 40 years ago," said ADF Legal Counsel Matt Bowman. "We are pleased Sarah will now be entitled to the same privileges enjoyed by other individuals and groups on campus."

The settlement of the action by the ADF brought on behalf of the students will prevent the school from banning fliers because they are too controversial, as the principal previously told the students. Instead, the ADF said, the school may screen only for obscenity or content not protected by the First Amendment, and the school must respond to requests within 24 hours.

Students also may distribute fliers before school, at lunch and after school, and they now will have equal access to launch a pro-life club on campus to hold events similar to other student clubs.

ADF attorneys had cited the school for censoring student speech "because of its content and viewpoint, selectively targeting her speech for prohibition … thereby violating the equal protection clause of the Fourteen Amendment."

The case was just one of several brought around the nation by the ADF on student complaints their speech was being censored by school officials around the pro-life day because of its Christian content.

"Students don't shed their rights at the schoolhouse door," said ADF-allied attorney Tom Marcelle of Albany, N.Y. "The Supreme Court, on more than one occasion, has said that the First Amendment applies to students. As long as the speech is respectful and not disruptive of the school, the students are allowed to engage in it."

Approximately 1,400 middle school and high schools participated in the national pro-life day of silence. Many passed out leaflets between classes, wore pro-life t-shirts and duct tape over their mouths with the word "Life" written on it.

"It's such a great thing that students are willing to stand up for things they believe in," Brian Kemper, president of Stand True, told WND. "Especially when, for the most part, it is such an uncool thing to do. We are seeing an upswing of more students who are pro-life. It is such a positive message – standing up for life is a positive thing."

More information and photos can be found on Stand True's Silent Day website.

Another case that was settled earlier came at Northeast Senior High School, Pasadena, Md. There school officials had banned Hilary Humphrey from distributing and posting fliers promoting the "Day of Silent Solidarity" on campus.

Northeast Senior High School policy states that students and student groups are allowed to promote activities after obtaining permission from school officials. Despite the rules protecting student speech, school officials deemed Humphrey's anti-abortion leaflets to be "inflammatory" and refused to allow them. But they changed position and agreed to allow Humphrey and other pro-life students to promote their event after hearing from the ADF.

Other cases where a resolution is pending include:

Gowana Middle School, Clifton Park, N.Y.: A 13-year-old eighth grade student at Gowana Middle School took extra precautions to ensure that he would be able to participate in the Oct. 24 event. More than a week prior to the day, his mother courteously phoned Shenendehowa Central School District's superintendent to notify the administration of her pro-life son's plans to distribute leaflets containing text advocating against abortion, wear a message-bearing t-shirt and duct tape over his mouth as symbolic expression. The boy even went so far as to obtain special permission from each of his instructors so they would not feel that he was disrupting class with his silent expression.

On the morning of Oct. 24, the boy passed out leaflets on the bus, and several more students who were impressed with his efforts decided to join him in peaceful protest.

However, Gowana Middle School's principal Jill Bush stopped the pamphlet distribution in its tracks when she summoned the students to her office that morning. She insisted they turn their clothing inside out, remove the tape from their mouths and toss it into the garbage along with their fliers. Principal Bush then made a public announcement over the intercom informing students that they would not be permitted to take part in the activities and demanded anyone who had received a flier to immediately forfeit the literature to school officials.

One of the students politely informed Bush of their First Amendment right to peacefully express their views. She agreed to allow them to remain silent without the red "life" tape, but said they would not be allowed to tell anyone why.

"Students shouldn't be thinking about issues like that at your age," she reportedly said.

The administration has previously allowed others to engage in peaceful forms of expression, regardless of controversy. In the past, the middle school students have been allowed to distribute literature and wear clothing with questionable statements.

"Historically, [Gowana] students have worn shirts ridiculing the president, ridiculing the war in Iraq and poking fun at religious beliefs," Marcelle told WND. "She can't just determine that Roe. v. Wade and the country's abortion policy are off limits."

Bowman told WND that discussions about a resolution have begun.

Millbrook High School, Winchester, Va.: A senior named Andrew Raker distributed leaflets and wore a t-shirt that said "Some Choices Are Wrong" and "Abortion Is Forever" to school. He also wore a symbolic red armband displaying the word "silenced." The following day, principal Joseph Swack objected to the content of his speech, forbidding him to pass out fliers because other students might consider them to be religious.

The principal also said Raker would be required to cover or remove offensive clothing if students complained. Raker said he was interested in starting a "pro-life" club, but Swack expressed concerns that students might also begin a "pro-choice" club.

"Andrew called us and we wrote a letter to the principal explaining to him that he can't restrict speech on this basis," Bowman told WND. "The school wrote back to us and denied that the principal said any of this. They said that he could wear his t-shirt and start a club, but he can't hand out literature. They announced new rules that are nowhere to be found in the student handbook or on the school or school district's website."

Bowman said a recent hearing on the dispute indicated the judge would be favorable to the idea of including Christian speech within the category of free speech, but a resolution hadn't been made final.

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