Arkansas Blog: That's the spirit

Just in from the ACLU, which is suing Watson Chapel schools in federal court for stifling student speech. The press release is on the jump.

Little Rock, Arkansas – The ACLU of Arkansas filed papers in federal court today adding additional claims for Watson Chapel students who were disciplined for wearing black armbands to protest the school dress code and its harsh, inconsistent enforcement.

The amended complaint filed today includes a claim that the district’s student apparel policy itself violates the right to due process and to freedom of speech. The policy does not allow students to wear anything that expresses a message other than school logos or “spirit wear” that express support for the school. According to the complaint this bans student speech as expressed through clothing or adornments, and therefore violates the First Amendment. Today’s complaint also charges that a separate school policy regarding student distribution of printed material is content-based and violates students’ free speech.

“We are asking the court to find that the student apparel and literature policies are illegal and unenforceable because they violate students’ constitutional rights,” said ACLU of Arkansas Executive Director Rita Sklar. “Students have a right to wear a button for or against the war in Iraq or to pass out literature that is critical of school policies: that’s the American way.”

The ACLU filed the lawsuit on behalf of three students in October 2006. One of the students in the ACLU lawsuit was prevented by school officials from distributing flyers to other students criticizing the apparel policy. After a preliminary hearing, Federal District Judge Leon Holmes issued an order prohibiting the district from disciplining students for wearing the armbands, noting that testimony of school officials left “the distinct impression that the students were disciplined because the black armbands signified a protest, not because they defeated uniformity.”

The complaint cites examples of students being disciplined and or suspended from school for variations from the policy so minor that parents and students felt they had no way of knowing what clothing would and would not be acceptable. According to the ACLU, students were disciplined for having belts that were braided, not the right shade of brown or black, had too many holes, had adornments, or had stitching that was not the same color as the belt; for having pants with an extra pocket, khaki pants that were not the right shade or style, or whose stitching was a different color from the pants; for wearing polo shirts with too many or too few buttons; or for wearing any clothing bearing a manufacturer’s tag. The policy allows students to wear only khaki pants, a black or brown belt, and polo-style shirt in specified colors.

When school officials did not act to change the policy or its enforcement, students wore armbands in silent protest of the policy and its seemingly arbitrary enforcement. Students and parents testified at the preliminary hearing that an article of clothing could be suitable to some officials but not to others.

Attorney Rebekah Kennedy of Fort Smith entered an appearance in the case and will serve as the ACLU cooperating attorney. Kennedy noted that, “If students are required to follow a school policy, they have the right to have one that is clear, reasonable, and consistently applied.”

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Arkansas ACLU also has a new and improved website for state legislative updates.

Fact Sheets on bills they're watching that can be printed or e-mailed.

Links to your legislators. E-mail them directly from the website.

Links to Arkansas Legislative Website and pending legislation.

Bill tracking: keep up with the status of particular bills.

All at http://www.acluarkansas.org

Posted by: Spirit | February 22, 2007 01:14 PM

This issue is so OVER, folks. For God's sake, somebody give them a copy of Tinker vs. Des Moines, 1966. It even involved black armbands. This student behavior is a symptom, not the cause, of a larger problem. This one will be a slam dunk for Rita and the kids.

BTW, it's nice to see Leslie Newell Cougar Mellencamp Peacock joining us here in the ferment of great ideas. She's a class act.

Posted by: dogtownius | February 22, 2007 01:21 PM

Rita L. Sklar: Arkansan of the Year.

Posted by: Quapaw | February 22, 2007 01:28 PM

Congrats, Leslie.

i am glad Max took all the era talk to heart and let a women on here to blog.

Posted by: Maxwell Smart | February 22, 2007 01:35 PM

Perhaps Watson should go into a Chapel and pray on it! Eek, maybe they did already. Obviously not to the god of constiutional rights!

Posted by: Janus | February 22, 2007 01:48 PM

Dogtownius said,"This issue is so OVER, folks."

I'm sorry but you couldn't be more wrong. There are many school districts with the same type of uniform policies with anything but a uniform method of enforcement. It is a horrible nightmare to try to teach in one. Those in favor of the uniforms bemoan the idea of what kids would wear without a policy but the lack of consistency in enforcement and the whole idea of not getting to wear a t-shirt advertising the musical group of your choosing is creating a generation of kids who have no concept of democracy. I know you think they'll get it later in life and that a t-shirt doesn't teach democracy but to a teenager, it kinda does. I am truly concerned about the message we're sending kids today. Go ACLU! And here's hoping the ruling will call for some sort of statewide application to get rid of the dang uniforms.

Posted by: publicschoolsrus | February 22, 2007 04:38 PM

"'Dogtownius said,"This issue is so OVER, folks.'"

I think the point is it SHOULD be so over....alas, it is not, and this is evidence of that.

Posted by: Liberal and Proud | February 23, 2007 06:33 AM

Arkansas Blog

That's the spirit

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