Atlantic, Iowa — Today the ACLU of Iowa sent a letter to the Atlantic Public School Board advising it to not adopt any policy that would unconstitutionally restrict students’ rights to protest.
According to local media coverage, on May 10th a resident addressed the board, concerned about student protests regarding anti-LBTGQ legislation. The resident urged the board to adopt a "protest policy" to prohibit any student demonstration unless it's outside of educational instruction time and not on school property.
"Political speech–including protest–is given the strongest protection by our state and federal constitutions," said ACLU Staff Attorney Thomas Story. "This protection includes students. In fact, it was in Tinker v. Des Moines Independent Community School District, a case brought by students protesting the Vietnam War during school hours and on school property, that the U.S. Supreme Court famously declared, students ‘do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.’ This principle is as important now as it was then. The suggested policy in Atlantic would clearly infringe on its students’ constitutional rights."
The ACLU is sending the letter to Atlantic immediately before its scheduled June 14th meeting to inform the board why it should decline to adopt any such policy.
"Students across the state are responding to what they saw at the statehouse last session. As of right now, the Atlantic School Board has done nothing more than listen to a constituent’s concern. And that in and of itself is, of course, appropriate," said Story.
"But we expect other schools in Iowa have heard similar remarks and may be considering similar anti-protest policies. So we are sending this letter to Atlantic and publicizing it so that every school board in this state is reminded of its constitutional obligations and knows to reject attempts to limit student speech. School boards, administrators, teachers, students, and parents should feel supported in meeting this moment in our history and protecting the rights of our kids. Student walkouts are free speech."
Iowa law allows schools to limit or punish speech or expression at school only if it encourages illegal activities, interferes with other students' rights, or creates a "material" or "substantial" disruption on school activities. And a classroom walkout will not necessarily have a material or substantial disruption on school activities.
It's important to note that a school may punish students for missing class to protest, but if it does, it must do so in the same way that it would punish students for any other unexcused absence. And schools may not punish students because of disagreement with the political viewpoints that motivated the walkout or other protest.
Story said the ACLU is hopeful that the Atlantic School Board will not move forward in adopting the suggested policy, and that other Iowa schools will be aware that they have an obligation to their students to allow their voices to be heard in a lawful manner, especially on issues that directly affect them.
"American history is full of examples of students who lead calls for change," Story said. "Youth activism is a sign of an active and engaged citizenry. We hope that the Atlantic school board will show that it is proud of these student leaders and the educators who have prepared them to be future leaders in the wider world."
For more information on student rights in Iowa, please visit the Know Your Student Rights section of our website, particularly the section on student protests and walkouts.
