Philadelphia, PA - The American Civil Liberties Union of Pennsylvania will urge a federal appeals court today to uphold a 2007 ruling that a school district violated a student’s first amendment rights. The boy, Jason Layschock, posted a parody profile of his school's principal on MySpace in 2005, for which the school distict suspended Layshock for 10 days, ordered him to finish high school in an Alternative Education Program, and forbade him from attending graduation.
ACLU of Pennsylvania’s legal director Vic Walczak says the issue at hand in this appeal is the school's right to punish students for actions taken off of school property.
"The court below said they couldn't, but this is an issue that is unresolved in the law. The Supreme Court noted a year ago that it's one that has not been finally decided, so this is an important case."
Walczak argues that parents should be concerned when schools think they should be able to control what a student says, or does, in his own home.
"Every family is going to have different religious beliefs, different moral values, different family and personal values, and each family has the right to decide on their own how their children are going to behave."
The Third Circuit U.S. Court of Appeals in Philadelphia is scheduled to hear oral arguments in the case, Layshock v. Hermitage School District, in which a Pennsylvania school district is appealing a lower court's ruling that the district violated Layschock's First Amendment rights by suspending him.
The school district argues it must retain the right to discipline students for any speech that is directed at the school.
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A new statue at the U.S. Capitol honors Arkansas civil rights activist Daisy Gatson Bates.
The eight foot bronze statue is in the National Statuary Hall.
Bates has a newspaper in her arm, is holding a notebook and a pen, and is wearing a National Association for the Advancement of Colored People stick pin.
She and her husband owned and operated the Arkansas Weekly newspaper - that was devoted solely to telling the stories of the Civil Rights Movement.
Current president of the Arkansas NAACP Barry Jefferson said Bates is best known for her work with the Little Rock Nine - the students who integrated Arkansas public schools in 1957.
"When they was desegregating Little Rock Central High school," said Jefferson, "she stood and fought for that and stood with them and walked them in every single day."
After working with the Little Rock Nine Bates continued to fight for Civil Rights and was a speaker at the March on Washington in 1963.
She was president of the Arkansas NAACP from 1952 to 1961.
Each state can place two sculptures in the Statuary Hall. The Bates statue replaces one of a little-known 19th century Arkansas resident.
The decision to honor Bates had bipartisan support. Jefferson said the move is a sign that Arkansas is evolving.
"It's saying that we're trying to move in the right direction, and rewrite the wrongs that have happened for the state of Arkansas for Black people," said Jefferson, "by presenting her statue at the National Capitol to show that - hey, Arkansas is trying to grow, Arkansas is trying to move forward."
The third Monday in February is Daisy Gatson Bates day in Arkansas. She died in 1999 and was posthumously awarded the Medal of Freedom.
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The American Civil Liberties Union of Texas says it is monitoring protests at college campuses, after almost 60 students protesting the Israeli-Palestinian conflict were arrested during a demonstration at the University of Texas in Austin.
State troopers on horses and in riot gear were called in to control the crowd. ACLU Staff Attorney Brian Klosterboer said students planning to participate in peaceful protests should know their rights.
"We encourage everyone to follow the guidance of law enforcement even if they believe that law enforcement might be violating their First Amendment or constitutional rights," said Klosterboer. "It's important that people try to stay safe. Remember, they also have a right to remain silent. You can ask if you are free to leave."
Charges were dropped against the protesters in Austin. Students also held a sit-in at the University of Texas in Dallas and a walkout was held at the University of Texas in Arlington.
Following the arrests of the protesters, Texas Gov. Greg Abbott said on the social media platform X that the students belonged in jail, and accused them of hate speech.
Klosterboer said when state officials attack free speech, they undermine the core of democracy.
"Texas public universities were specifically designated by Gov. Abbott as traditional public forums," said Klosterboer. "That's where students and others who are engaging in any kind of speech, whether it's passing out Bibles and religious literature or engaging in protests for human rights. That's where free speech is at its apex."
He added that if someone feels their civil liberties have been violated, they can file a complaint on the ACLU website.
The demonstrations in Texas are part of nationwide protests calling for a ceasefire between the Israeli forces and Hamas.
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The Montana chapter of the American Civil Liberties Union has filed class-action lawsuit challenging a measure barring people from listing a gender on their birth certificate other than the one they were born with.
Montana lawmakers passed Senate Bill 280 in 2021, which requires a court order to change gender on a birth certificate. A state court issued an injunction against the measure but now the state health department has put a total ban on changes to sex designations on birth certificates.
Akilah Deernose, executive director of the ACLU of Montana, called the measure part of a "concerted and unrelenting attack" on the civil rights of people who identify as transgender.
"We've previously sued on the birth certificate issue," Deernose pointed out. "Once again, we're seeing the state implement laws and rules and policies that unfairly target transgender people."
On the other side, some people argued birth certificates contain vital statistics and should be based on the facts at the time of birth. The suit awaits action in state court.
Deernose noted beyond privacy rights, the birth certificate measure has the potential to force a person to declare themselves to be someone other than who they are, based on their declared identity.
"And who they know themselves to be," Deernose observed. "That puts them at risk of discrimination and also forces them to out themselves every time they share those identity documents."
The suit also challenges a motor vehicle department policy forbidding changing sex designations on driver's licenses.
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