ACLU defends Poway student who protested Day of Silence

[Hazumu]

The article's real, snarky headline:

We didn't make this up

Published: April 22, 2008

Schools have the right and indeed the duty to protect students from unlawful harassment. The ACLU recognizes the unconscionable harassment suffered by many LGBT students and fights for their right to equal educational opportunity free from harassment. Indeed, we have filed an amicus brief in a case in which two high school students endured prolonged harassment and abuse and the authorities did nothing to stop it. But the schools may not prohibit the expression of an idea merely because it is offensive or repugnant to some or even many. An idea, by itself, is not harassment. Though a school may advocate its own position, it may not ban student speech merely because it disapproves of the student's viewpoint.

To ban ideas from public schools simply because they are controversial strikes at the heart of the First Amendment and the spirit of open debate that a healthy democracy and public education require. ??If the reasoning of the vacated decision is fully adopted, the First Amendment would effectively cease to exist in public schools. A rule that allows school officials to ban any idea that they or others find offensive or repugnant would grant them unlimited license to ban almost any student speech on any topic of significance.

Comments section

[lady amarant]

As much as I find this student's views ignorant and scary, I agree with the ACLU's position. He has the right to his opinion and to voice it, as we have ours. If he were to move beyond that, to the point of trying to influence policy or resorting to hate-crime or the like, then I would be first in line to oppose him, but he is free to express his opinion. Just as I am free to express mine that he is a narrow-minded bigot.

~Simone.

[Seshatneferw]

Yes. Like Voltaire said, "I am disgusted by what you say, but will defend until death your right to say it."

  Nfr

[tekla]

If the students had a right to a moment of silence, then other students had the right to crank AC/DC or whatever they wanted to do.

[Natasha]

We didn't make this up

http://www.calcatholic.com/news/newsArticle.aspx?id=54c01305-fcd3-4e13-8bf9-34a610f40389
4/22/2008

"In a significant free speech case that has sparked national attention, the American Civil Liberties Union of San Diego & Imperial Counties has filed an amicus brief in U.S. District Court in Harper v. Poway Unified School District. Our brief argues that the anti-gay t-shirt worn by Tyler Chase Harper did not amount to harassment that the school was permitted to punish."

[tekla]

Its really not an anti-gay shirt, its a normal shirt with an anti-gay slogan written on tape and stuck to it.