ACLU Urges Six WV Schools to Review Student Policies Violating First Amendment – The 74
Get stories like these delivered straight to your inbox. Sign up for The 74 Newsletter
Six West Virginia schools were notified Thursday that policies in their student handbooks may violate students First Amendment rights by requiring them to participate in certain activities like standing for flag-raising ceremonies and the Pledge of Allegiance and removing hats for the national anthem, among other things.
The notice which was sent as a letter to the schools came from the West Virginia arm of the American Civil Liberties Union on the 81st anniversary of the landmark legal case West Virginia State Board of Education v. Barnette. In 1949, The U.S. Supreme Court ruled in that case that students cannot be forced or compelled to salute a flag or recite the Pledge in schools. Policies that direct otherwise, according to the case, are a clear violation of the students freedom of speech.
The Constitution affords protection for Americans to freely express our beliefs and ideas. That protection expands beyond written and spoken word; it extends to symbolic speech as well, ACLU-WV Legal Director Aubrey Sparks wrote in the letter. One powerful way that people can express themselves is by choosing to remain silent when everyone else is agreeing, or remaining sitting when everyone else stands. Barnette codified that right. Students still have that right in schools today.
Staff from the ACLU, according to a news release, reviewed student handbooks for all schools in the state to ensure their policies were compliant with the rulings in Barnette.
Schools that received the letters due to having policies in violation of the law are: Calhoun Middle/High School, Riverside High School in Kanawha County, Summers County Comprehensive High School, Richwood High School in Nicholas County, Sissonville Middle School in Kanawha County and John Adams Middle School, also in Kanawha County.
The policies in the student handbook vary school by school.
Riverside High, for example, directs that students must rise and remove hats during the national anthem and flag ceremonies held during extracurricular activities.
At Sissonville and John Adams middle schools, the handbooks state that students must stand for the Pledge of Allegiance during class. If they dont recite the Pledge, they must remain silent.
The letters sent Thursday urge leaders at the listed schools to review their policies with consideration of the Barnette ruling and amend them if needed to ensure that they meet constitutional obligations.
Schools are often the first places that students learn about their civic obligations, their constitutional rights, and the importance of being brave enough to engage in speech thats not always popular, Sparks wrote in the letter. The First Amendment exists to safeguard the diversity of thought and expression, which are essential components of a thriving democratic society. Protecting free speech in public schools is paramount, something that was determined by the Supreme Court in West Virginia v. Barnette eighty-one years ago.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com. Follow West Virginia Watch on Facebook and X.
Get stories like these delivered straight to your inbox. Sign up for The 74 Newsletter
View original post here:
ACLU Urges Six WV Schools to Review Student Policies Violating First Amendment - The 74
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - Citrus County Chronicle - December 22nd, 2024 [December 22nd, 2024]
- Deal reached in First Amendment -Facebook lawsuit against Ald. Gardiner, as city agrees to pay some costs - Nadig Newspapers - December 22nd, 2024 [December 22nd, 2024]
- Iowa Republicans are afraid of the First Amendment - Bleeding Heartland - December 22nd, 2024 [December 22nd, 2024]
- TikTok Asks Supreme Court to Block Law Banning Its U.S. Operations - The New York Times - December 18th, 2024 [December 18th, 2024]
- Supreme Court agrees to hear TikToks First Amendment challenge to U.S. ban if not sold - Spectrum News NY1 - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trumps Media Lawsuits Are Meant to Open the Floodgates to Overturn Key First Amendment Rights | Video - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- Media on the run: A sign of things to come in Trump times? First Amendment News 451 - Foundation for Individual Rights and Expression - December 18th, 2024 [December 18th, 2024]
- KERC Approves First Amendment to Multi-Year Transmission, Distribution, and Retail Supply Tariff Regulations 2024 - SolarQuarter - December 18th, 2024 [December 18th, 2024]
- Masked Protests and First Amendment Rights The Chickenman Case in Smyrna - Wgnsradio - December 18th, 2024 [December 18th, 2024]
- First Amendment attorneys say Ohio bill aimed at curbing antisemitism may infringe on rights - 10TV - December 18th, 2024 [December 18th, 2024]
- First Amendment warning: 100% chance of Ryan Walters tweeting - NonDoc - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trump's Media Lawsuits Are Meant to 'Open the Floodgates' to Overturn Key First Amendment Rights | Video - TheWrap - December 18th, 2024 [December 18th, 2024]
- SJC expands First Amendment protection to true threats over the Internet, by text, and in person - The Boston Globe - December 14th, 2024 [December 14th, 2024]
- OPINION: The First Amendment is the Biggest Story of the 2024 Presidential Election - Nevada Globe - December 14th, 2024 [December 14th, 2024]
- First Amendment: Anathema or weapon? - Workers World - December 14th, 2024 [December 14th, 2024]
- Justices Will Hear First Amendment Challenge to Denial of Tax Exemption for Catholic Charities - Law.com - December 14th, 2024 [December 14th, 2024]
- The Press and The People Must Not Willingly Surrender First Amendment Rights to Trump - Daily Kos - December 14th, 2024 [December 14th, 2024]
- La. TikTok creator says potential app ban infringes on First Amendment right - KPLC - December 14th, 2024 [December 14th, 2024]
- Opinion | The TikTok Ruling Is a Blow for the First Amendment and Free Speech - The New York Times - December 10th, 2024 [December 10th, 2024]
- TikTok failed to save itself with the First Amendment - The Verge - December 10th, 2024 [December 10th, 2024]
- Newsoms War on Political Speech: ADF Defends Rumble in the First Amendment Case - California Family Council - December 10th, 2024 [December 10th, 2024]
- Opinion | The TikTok Sale and the First Amendment - The Wall Street Journal - December 8th, 2024 [December 8th, 2024]
- Secret court hearing threatens the First Amendment and more - The Hill - December 8th, 2024 [December 8th, 2024]
- President Trump lacks standing: CBS rubbishes lawsuit over Kamala Harris 60 Minutes interview as procedurally baseless and prohibited by the First... - December 8th, 2024 [December 8th, 2024]
- Perspective: Colorado vs. the First Amendment - Colorado Springs Gazette - December 8th, 2024 [December 8th, 2024]
- Annenberg Classroom Film on First Amendment Wins Anthem Award - The Annenberg Public Policy Center of the University of Pennsylvania - December 8th, 2024 [December 8th, 2024]
- Trumps calls to investigate pollster put First Amendment at risk - Foundation for Individual Rights and Expression - December 8th, 2024 [December 8th, 2024]
- First Amendment Likely Protects Referring Patients for Out-of-State Abortions - Reason - December 8th, 2024 [December 8th, 2024]
- Trumps FBI director pick Kash Patel: A clear and present danger to freedom of the press First Amendment News 449 - Foundation for Individual Rights... - December 8th, 2024 [December 8th, 2024]
- Federal judge tosses First Amendment retaliation claim in Gibbs lawsuit - News From The States - December 8th, 2024 [December 8th, 2024]
- Litigation: First Amendment rights violated by Cabarrus County - The Courier=Times - November 26th, 2024 [November 26th, 2024]
- Lee C. Bollinger on the First Amendment, Free Speech, Affirmative Action, and More - Columbia University - November 26th, 2024 [November 26th, 2024]
- 'Free Speech Was Given to Us by God': Why the First Amendment Is in Danger Like Never Before - CBN.com - November 26th, 2024 [November 26th, 2024]
- The Impact of The First Amendment: Essays on the Imperative of Intellectual Freedom - New Ideal - November 26th, 2024 [November 26th, 2024]
- Journal of Free Speech Law: "The Press Clause: The Forgotten First Amendment," - Reason - November 26th, 2024 [November 26th, 2024]
- Kansas nurse Elaine Gebhardt claims First Amendment protection in state board probe of her social media posts - The Sentinel - November 26th, 2024 [November 26th, 2024]
- Thomas pushed to overrule Kagans order in COVID-related First Amendment case where RFK Jr. serves as co-counsel - Law & Crime - November 26th, 2024 [November 26th, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - TribLIVE - November 26th, 2024 [November 26th, 2024]
- Trump Resumes His Endless War Against the First Amendment - The New Republic - November 26th, 2024 [November 26th, 2024]
- Anti-porn lawyers ready to profit from a Kansas age-gating law that may violate the First Amendment - Kansas City Pitch - November 26th, 2024 [November 26th, 2024]
- Its the First Amendment, stupid. Judge tells Florida to stop threatening TV stations - The Daily News Online - October 21st, 2024 [October 21st, 2024]
- Californias deepfake ban cant fool the deep protections of the First Amendment - The Hill - October 14th, 2024 [October 14th, 2024]
- Florida health department defies First Amendment, threatens to prosecute TV stations for airing abortion rights ad - Foundation for Individual Rights... - October 14th, 2024 [October 14th, 2024]
- Hands Off The ConstitutionNever Mess With The First Amendment - Forbes - October 14th, 2024 [October 14th, 2024]
- TikTok v. Garland Oral Argument: Did TikTok Admit It Doesnt Have First Amendment Rights? - The Federalist Society - October 14th, 2024 [October 14th, 2024]
- Balancing First Amendment Rights and Youth Protection | Age and Access in the Social Media Era - R Street - October 14th, 2024 [October 14th, 2024]
- Are we not all Americans living by our first amendment? - TAPinto.net - October 14th, 2024 [October 14th, 2024]
- 476. Words, Actions, and Liberty: Tara Smith Decodes the First Amendment - Skeptic Magazine - October 14th, 2024 [October 14th, 2024]
- Council approves a nine-day clean zone for the Super Bowl. A First Amendment lawyer says its excessive. - WWNO - October 14th, 2024 [October 14th, 2024]
- Newsoms anti-satire law tries to kill the joke and the First Amendment - The San Diego Union-Tribune - October 14th, 2024 [October 14th, 2024]
- A Sign Of The Times: Bourne Bylaw Change Off STM Warrant Amid First Amendment Concerns - CapeNews.net - October 14th, 2024 [October 14th, 2024]
- Banned Books Week? Try First Amendment Week instead - Thomas B. Fordham Institute - October 7th, 2024 [October 7th, 2024]
- Stephens City mayor addresses heated exchange with First Amendment auditor - Northern Virginia Daily - October 7th, 2024 [October 7th, 2024]
- What the US Supreme Courts next term holds for the First Amendment - Reporters Committee for Freedom of the Press - October 7th, 2024 [October 7th, 2024]
- John Kerry Says First Amendment Is Major Block to Stopping Disinformation, Hopes to Implement Change to That - CBN.com - October 7th, 2024 [October 7th, 2024]
- Can AI regulation survive the First Amendment? - Platformer - October 7th, 2024 [October 7th, 2024]
- Social media disinformation and the First Amendment: Editorial Board Roundtable - cleveland.com - October 7th, 2024 [October 7th, 2024]
- Congress knew banning TikTok was a First Amendment problem. It did so anyway - Salon - October 7th, 2024 [October 7th, 2024]
- Letters: Should political lies be protected by First Amendment? - San Francisco Chronicle - October 7th, 2024 [October 7th, 2024]
- Opinion | Robbins Age Verification Law harms more than the First Amendment - Alabama Political Reporter - October 7th, 2024 [October 7th, 2024]
- Judges in TikTok case seem ready to discount First Amendment - MR Online - October 7th, 2024 [October 7th, 2024]
- John Kerry calls First Amendment major block in holding media accountable - Straight Arrow News - October 7th, 2024 [October 7th, 2024]
- End Woke Higher Education Act Is a Big Win for First Amendment - Daily Signal - October 7th, 2024 [October 7th, 2024]
- UVM's suspension of Students for Justice in Palestine is a violation of our First Amendment rights - Vermont Cynic - October 7th, 2024 [October 7th, 2024]
- Americans' faith in First Amendment is waning. Could it influence the election? - Yahoo! Voices - September 28th, 2024 [September 28th, 2024]
- Webcast: Follow-up of Todays Key First Amendment Battles. Who Gets to Say it and Who Gets to Stop It? - Gibson Dunn - September 28th, 2024 [September 28th, 2024]
- Nadine Strossen, speaks on Free Speech and First Amendment concerns, including book bans - Daily News Journal - September 28th, 2024 [September 28th, 2024]
- Rogan: First Amendment In Danger If Harris And Walz Win - RealClearPolitics - September 28th, 2024 [September 28th, 2024]
- The Kids Online Safety Act Is a Threat to the First Amendment - RealClearPolicy - September 28th, 2024 [September 28th, 2024]
- Opinion:The First Amendment: Will no one rid me of this meddlesome conceit? - Idaho State Journal - September 28th, 2024 [September 28th, 2024]