FOR IMMEDIATE RELEASE
October 18, 2017
Contact: Zakiya Summers, (601) 354-3408, zsummers@aclu-ms.org
Jackson, MS – The American Civil Liberties Union of Mississippi is putting Mississippi schools on notice this week, warning them that forcing students to stand during the National Anthem or punishing students who “take a knee” in protest of racial injustice and police brutality would violate students’ First Amendment rights.
In light of recent events that have taken place in Greenville and Pass Christian around student athletes taking a knee during the national anthem, ACLU of Mississippi Executive Director Jennifer Riley Collins issues this statement:
“The ACLU of Mississippi is aware of recent reports stating that student athletes from O’Bannon High School were facing suspension for kneeling during the national anthem. That action was later walked back, according to an article in the Clarion Ledger. Also in Pass Christian, there was much outrage around some Pass Christian High School football players peacefully protesting by taking a knee during the national anthem.
“We are therefore compelled to remind school districts across the state of Mississippi that any action by public schools to punish these students or any student for exercising their constitutional right is antithetical to our American values, and would violate students’ clearly established First Amendment free speech rights.
“More than 70 years ago, the Supreme Court held in the Barnette decision that the First Amendment bars public schools from requiring students to participate in patriotic ceremonies. That decision holds true today. A school may not require its students to stand or recite the Pledge of Allegiance or punish any student for his or her failure to do so. Similarly, in the Tinker case, the Supreme Court held that a student’s free speech rights do not embrace merely the classroom hours, but equally when he is in the cafeteria, on the playing field, or on the campus.
“Schools should respect students who embrace their constitutional rights and stand up to injustice - not punish them. Doing so would be patently unconstitutional.
“We are sending letters to remind school superintendents across the state that students have constitutional rights and they cannot be punished for exercising them. The ACLU of Mississippi stands ready to defend any student who is being penalized for exercising his or her constitutional rights, and we will continue to protect the First Amendment of the U.S. Constitution.”
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ACTION UPDATE
11/8/17: ACLU of Mississippi responds to Lowndes County School District attorney's promise to propose a policy that would require everyone attending a sporting event to stand for the National Anthem in the letter attached.
