from ACLU sources
In a letter sent Monday, the American Civil Liberties Union of Michigan urged the White Cloud Public School Board to uphold the free speech rights of students who were suspended for wearing breast cancer awareness bracelets to school. The school board discussed the matter at a meeting held Monday night. The ACLU also expressed concern over reports that the school removed information posted around the school by the suspended students defending their First Amendment right to wear the bracelets.
“Students should be encouraged to express themselves about vital health issues like breast cancer even if they choose to do it through a tongue and cheek campaign. Shutting down the student’s speech shuts down a conversation that is important and, in many ways, personal to these students,” said Miriam Aukerman, ACLU West Michigan Regional staff attorney. “The courts have been clear—schools cannot censor student speech unless it is substantially disruptive. A teacher’s displeasure doesn’t count as a
disruption.”
The ACLU’s letter was written on behalf of one student, Tyler Raymo, who was suspended for refusing to take off a breast cancer awareness bracelet. The day of his suspension, Tyler was wearing a breast cancer awareness shirt that read: “We’re saving fun bags one shirt at a time” and other students were wearing bracelets imprinted with the slogan: “Boobies Rule. For Breast Cancer Awareness.”
Although the ACLU has heard nothing to indicate that the items caused a material disruption in the classroom, Tyler and the other students were sent to the superintendent’s office.
Tyler’s shirt, with the term “fun bags,” was deemed acceptable; however, the superintendent suspended the other students because their bracelets contained the word “boobies.” On his way back to class, Tyler got a “boobies” bracelet from a friend. Upon noticing it, his teacher sent him back to the superintendent’s office and he was also suspended.
"Breast cancer awareness is really important to me because my grandmother died of breast cancer when I was younger,” said Tyler. “Wearing my bracelet and shirt starts a conversation about cancer awareness that wouldn’t happen in my school otherwise. I shouldn’t be punished for speaking out about an important issue that has affected me personally.”
The next day when Tyler and the other suspended students returned to school, they posted information around the school about an ACLU of Pennsylvania lawsuit in which a federal judge ruled that breast cancer fundraising bracelets that proclaim “I (heart) boobies!” are not lewd or vulgar and can't be banned by public school officials who find them offensive. Within about an hour, White Cloud school staff removed the information.
In its letter, the ACLU of Michigan stated: “We are particularly concerned by the school’s decision to remove information posted by the students concerning the Pennsylvania case. The students were attempting to educate the school community about the fact that a federal court had decided in a very similar case that students have a First Amendment right to wear breast cancer awareness apparel... Even in situations where schools are able to limit students’ speech, students have the right to protest such limitations.”
The ACLU urges the board members to uphold the students’ constitutional rights unless there is evidence that the bracelets caused a disruption. The ACLU also pointed out that other courts have ruled that the bracelets are not lewd, profane or indecent. In addition, the ACLU asked the board to reverse the suspensions of Tyler Raymo and the other students.
The bracelets are part of a national campaign; the Save A Breast Foundation has developed popular and widely used slogans very successful in educating young people about breast cancer, which is the leading cause of cancer deaths in women under 40, but many young people mistakenly believe breast cancer is a problem for older women.
In addition to Aukerman, the ACLU’s letter was signed by Michael J. Steinberg, legal director of the ACLU of Michigan.
To read the letter, including the Pennsylvania case opinion, go to: http://www.aclumich.org/sites/default/files/LettertoWhiteCloud.pdf
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