Posted on 02/16/2005 12:31:56 AM PST by President of HSCCA Tim Bueler
Lawyer joins fray in Hudson poster snit By Carolyn Kessel Stewart / News Staff Writer Friday, February 11, 2005
HUDSON -- A legal team known for supporting right wing causes is working to lift the high school's ban of a controversial Web site launched by the recently formed student conservative club.
The Pacific Justice Institute of California has asked Hudson High School Principal John Stapelfeld to reverse his decision to ban the Conservative Club from citing the High School Conservative Clubs of America Web site on its posters. Stapelfeld has said the Web site promotes violence, because of its reference and links to videotapes of American beheadings in Iraq, and does not represent true conservatism.
Matthew McReynolds, the lawyer from Pacific Justice Institute who wrote to Stapelfeld, said reference to the Web site is protected free speech for students and gave the principal until Sunday to allow Conservative Club founder Chris Bowler to include the Web site on his posters.
"It was pretty clear (Bowler) was being discriminated against because of his viewpoints and this is not permissible," McReynolds said. "It would be a great case to litigate in a lot of ways, if it comes to that."
Bowler and classmate James Melillo started the club as a response to the frustration they felt in a "liberal-filled school," with teachers who mocked the president or praised the movie "Fahrenheit 9/11."
When Bowler and Melillo hung posters for their new after-school group, school officials removed the posters because they affiliated the club with www.hscca.org. The Web site was created by a 17-year-old from California and his classmates, who started the High School Conservative Clubs of America.
Bowler put the posters back up, without reference to the Web site and had no problems. Then, after the school blocked the Web site from school computers and the school newspaper referenced the Web site in one of its news stories, Bowler put the Web site back on his posters. Stapelfeld wrote him a letter this time, saying it was not OK to promote the site.
Stapelfeld said he is still "delighted" to have the club at the school, stimulating civic discussion. The club has held and advertised meetings.
"I wish they had chose a better Web site," he said.
McReynolds said he was asked by Chris and his father, Steve Bowler, to act on their behalf.
"We're not looking for fights, but it seems like school officials have decided to pick one," McReynolds said. "So we're going to stand by Chris and his dad and show there are other viewpoints."
The Web site would not cause a disturbance in the school, McReynolds argued in his letter to Stapelfeld. That is the litmus test for limiting freedom of speech in schools, according to the 1969 lawsuit Tinker vs. Des Moines Independent School District.
But since then, the U.S. Supreme Court has limited student speech further. A 1986 case initiated the "Fraser standard" that stops students from making lewd speech. Then, the even more restrictive 1988 Hazelwood case allowed school officials to censor any speech that might "associate the school with any position other than neutrality on matters of political controversy."
McReynolds questioned how Stapelfeld could allow the student newspaper to cite the Web site, and allow a teacher to promote "Fahrenheit 9/11," but not allow reference to www.hscca.org.
"How is it that the principal decides what is mainstream conservatism?" McReynolds said. "It seems to get clearer all the time that this is a struggle of viewpoints."
Stapelfeld said he is considering the request and is running it by school lawyers.
"We've taken into consideration everything they've talked about," he said. "We're certainly reviewing our policy."
But the request of one lawyer is not going to be the deciding factor, he said.
"If I changed school policy every time a letter came in asking me to change school policy, we would be making curriculum and policy based on every letter that came in."
Chris Bowler said he is not hoping for a lawsuit, just the right to rip off stickers he had placed over the conservative Web address, that read "Censored by Hudson High School a First Amendment School."
Umm... correct me if I'm wrong, but the principle changed school policy to limit free conservative speech. Now he's being asked to change to allow the web site to be included, or to stop the politically liberal speech.
He'll either have to restrict teachers to teaching their subjects, with no political commentary, and prevent liberal groups from referencing politically controversial material, or he'll have to remove his restriction on the conservative group.
Welcome to the conservative side reality!
bttt
The lawyers need to get a list of " web sites that are blocked by the school. When no "liberal" sites show up.
The admin. will know they are in deep dodo.
INTREP - Education - Survive
I wish the principal had a stronger command of the English language.
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