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Speech rights trump parental authority
In these days of political decisions, one controversial issue hit home in Fauquier...and some Auburn Middle School parents are not happy about it.
Sixth, seventh and eighth graders were given a half-page flier by a few students promoting a silent protest against abortion.
While some of these fliers remained crumpled up in the bottom of student bookbags, most ended up in their designated target, the hands of parents.
The flier, entitled "Day of Silent Solidarity," didn't list a sponsoring organization, just the names of four students.
"We believe abortion is wrong. We will give up our voices for a day in honor of all of the children who lost their voices through abortion. Please pick up your red armband (to signify participation) Monday after school at the main door."
The notice continued with the statement that "your child would like to participate in a silent protest against abortion," and followed with instructions that on Oct. 21, the children would only verbally respond to a teacher or adult.
Parents' receipt of the flier created a buzz in the neighborhoods and at workplaces. Karen Buxton was among those upset at its distribution.
"I was just shocked my 11-year-old son was given this on school property," she said. "My issue is that it was completely inappropriate for my son's age and for the school to allow it to happen."
Buxton said that she understood First Amendment rights, but the issues presented in the flier required a higher lever of understanding than her young middle schooler possessed.
Her older daughter is in high school, and Buxton maintains that her reaction would have been different had her daughter received the flier.
Buxton is not alone in her complaint.
"Many of these 11 year olds didn't even know what abortion is, and now it has to be discussed," said another concerned mother, who wished to remain anonymous.
"It disrupted the curriculum, and it is damage that can't be fixed," she said. "Children are so impressionable."
Buxton agrees. "One child thought it was about adoption," she said.
Others said the flier pushed discussion about an issue many wanted to discuss with their children on the parents' timeline.
Superintendent Dr. Jonathan Lewis said parents who contacted him expressed the same concern about presenting such issues when they deem ready.
"We didn't take this lightly," he said. "I understand why parents were upset, but it is important for schools to do the legally correct thing. It is our responsibility to follow the law, and the students [who distributed the fliers] were in their rights."
Its those freedom of speech rights that seem to muddle the issue between the school district and some parents.
"Students may distribute to other students during lunch, on the bus, and coming in and out of the school building," Lewis said Such distribution of materials must be from one student to another and not take place during instructional time.
For clarification, Lewis had contacted school system attorney Bradford A. King of Harrell and Chambliss.
King subsequently declined to comment on the incident, but there have been several landmark cases on the freedom of expression in public schools.
The U.S. Supreme Court developed three tests in defining these rights. One test is called the Tinker Standard, based on a 1966 freedom of speech case for public school students.
Using this standard, school officials cannot prevent student expression just because they dislike it. It must be shown the school could reasonably "forecast" substantial disruption of the school environment or invasion of the rights of others.
Student rights and other information is posted on the Day of Silent Solidarity Web site (www.silentday.org), hosted by the Alliance Defense Fund.
The organization supports fliers and events like those presented by the few Auburn students.
E-mail the reporter: afelts@timespapers.com.
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