Open Letter in defense of “March for our Lives” student walkouts

Dear Pennsylvania school administrators, solicitors, board members, and educators,

As you are already aware, students nationwide have decided to respond to the tragedy in Parkland, Florida, by engaging in organized demonstrations. Their hope is to promote awareness of gun violence, which has devastated schools and communities across the country, and spark meaningful reform to address this issue. We at the ACLU of Pennsylvania ask that you support them in this endeavor, and refrain from disciplining any students who engage in a peaceful walkout.

Students striving to change their communities and their country through non-violent means should be held up as models of civic engagement, regardless of the issue or the politics involved. School administrators and educators can either punish these civically minded students for violating school rules or seize this opportunity to nurture their efforts to participate in civic life and to effect positive change around them.

If you choose to punish them, you should be aware that, when engaging in political speech, students enjoy constitutional protections both in and out of school.

Outside of school, as you know, students enjoy the same rights to protest as others. During school hours, students have protection for political speech under our state and federal constitutions. Practically, this means:

• Students cannot be punished for expressing their beliefs unless it substantially and materially disrupts school functioning or the substance is lewd or profane.
• Students cannot be disciplined for wearing clothes or accessories that express political or issue-oriented viewpoints just because some may disagree with that view.

As students plan walkouts to press for changes in policy, please bear firmly in mind:

• It is unconstitutional to discipline students more harshly for politically motivated conduct than for similar, non-political behavior.
• The ACLU of Pennsylvania may intervene if a student who leaves school as an act of political protest faces more severe punishment than a classmate would for skipping class for some other reason.

At the ACLU of Pennsylvania, we are continually impressed and inspired by the commonwealth’s engaged young people who stand up for their own rights and the rights of others. Whether or not you agree with their cause, we hope you will join us in encouraging students to use their growing voices to participate in our democracy, rather than becoming another hurdle they have to overcome in their fight to be heard.

Sincerely,

Reggie Shuford
Executive Director

Witold Walczak
Legal Director