Fowler was offended by teacher's button.
Posted on 02/27/2003 7:02:46 AM PST by SMEDLEYBUTLER
Anti-Bush sentiment a hot-button issue
Teacher's political expression sparks free-speech debate
By Nancy Mitchell, Rocky Mountain News
February 27, 2003
Linda Fowler is proud of her military roots.
Fowler was offended by teacher's button.
Her grandfather served in World War II. Her father is a Korean War veteran. Assorted relatives and friends are now en route to possible war in the Middle East.
So when Fowler's son came home from West Jefferson Middle School a couple weeks ago and described a button his teacher wore that day, an emblem bearing the sentiment "He's Not My President," her response was immediate and intense.
Fowler went ballistic.
"Both my husband and I were very offended by it. My son, who's in the sixth grade, had some very confused feelings, very hurtful feelings about the whole thing," she said. "I'm trying to stress to my child that (Bush) is the commander in chief and the armed forces are trying to protect us."
Fowler's husband, Tom, fired off an e-mail to school Principal Jean Kelley urging her to "stop this practice immediately" and warning that, if Kelley did not, "I will pursue other means."
Tuesday, the Fowlers received their response: The teacher "has the right to wear any political buttons that she wishes, as part of her protection under the First Amendment," Kelley wrote.
Linda Fowler doesn't like that answer.
"I'm truly not happy with that," she said. "You can have your opinion; no one is telling you that you can't have your opinion. But when you have children in the classroom, they're a captive audience. You have to be careful."
The teacher could not be reached for comment. Kelley referred questions to district spokesman Rick Kaufman.
Kaufman, in a joint statement from the district and the Jefferson County teachers union, said teachers have the same First Amendment rights "as all Americans." But they agreed that teachers "must be judicious" in expressing their opinions to avoid politicizing the classroom and must provide a neutral atmosphere.
Kaufman also said the West Jefferson Middle School incident isn't really a First Amendment issue because the teacher didn't wear the button in the classroom - she wore it on her coat during a field trip.
"The teacher has not and is not wearing the button in the classroom," he said. "She has not politicized her classroom, nor tried to convince her students of her point of view."
Had the teacher worn the button inside the classroom while teaching, Kaufman said he believes the district has the right to ask her to take it off.
"We believe we have a legitimate educational interest in requiring teachers to refrain from displaying their personal beliefs with respect to matters of political controversy when they're interacting with students," he said.
Not everyone agrees with that.
"We don't believe that teachers lose their First Amendment rights when they enter the school building," said Jeanne Beyer, spokeswoman for the Colorado Education Association. For example, teachers can wear stickers expressing unity during contract talks.
But, she noted, "the second part of that whole discussion is, is it appropriate? Even if your right is, in fact, protected, is it appropriate in your role as a professional educator to do that?"
Other metro school districts have yet to grapple with the issue. In Cherry Creek, spokeswoman Tustin Amole said a check with legal officials seemed to indicate an anti-war or anti-Bush button "is constitutionally protected free speech."
"We probably wouldn't do anything about it unless it's created a disruption in the classroom," Amole said. "If so, we would take another look at it."
However, Stu Stuller, an attorney with Caplan & Earnest, the firm representing Jeffco schools, said other things besides a teacher's First Amendment rights come into play when he or she steps in front of a classroom.
District officials can regulate a teacher's speech - including T-shirts with slogans and buttons - as long as the regulations are "reasonably related" to instructional concerns and meet certain other criteria, he said. That includes ensuring the teaching does not associate the school district "with a position other than neutrality" on matters of public importance.
For example, he said, a government teacher might question a student's commitment to a candidate as a means of developing critical-thinking skills. But the teacher should not endorse one candidate over another.
Linda Fowler, despite her husband's earlier e-mail, said she has no interest in pursuing legal action against the district.
"I'm a proud, brave American, and I'm going to stand up for my country," she said. "I just don't want to see that type of thing in school, and I think they should be addressing a whole lot of other more important issues."
The First Amendment
• "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
mitchelln@RockyMountainNews.com or (303)892-5245
Copyright 2003, Rocky Mountain News. All Rights Reserved.
Martha Swisher 303-982-3073
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