Tampabay.com
MAY 14, 2008

Judge: Students have free speech rights, too

Ponce

The Holmes County School Board must end its unconstitutional ban on students' right to free speech, Federal Judge Richard Smoak of the Northern District of Florida has ruled.

Smoak has ordered the district to immediately allow students to wear clothing, buttons, stickers or symbols in support of equal rights for gay people. Here's a telling comment from his ruling:

While many people, perhaps the Holmes County community disagree with the plaintiff, but I hope they will keep in mind that this is one of the most fundamental constitutional rights, that of the freedom of speech, and that we are not making up the law today. This law has been long settled by the United States Supreme Court for almost 50 years.

According to the ACLU's account of the hearing, Ponce de Leon High School principal David Davis "testified that he believed rainbows were 'sexually suggestive' and would make students unable to study because they'd be picturing gay sex acts in their mind. The principal went on to admit that while censoring rainbows and gay pride messages he allowed students to wear other symbols many find controversial, such as the Confederate flag."

Plaintiff Heather Gillman (shown above), a junior at Ponce de Leon High, has fought with the school over the issue, with the ACLU on her side. "Standing up to my school was really hard to do," she said in a press release, "but I'm so happy that I did because the First Amendment is a big deal to everyone." For more on Gillman's case, see the ACLU web site here. (Photo from Defuniak Springs Herald Breeze)

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Gradebook features education articles and insights on schools in Florida, focusing on Tampa Bay area schools. What's the latest from the Florida Department of Education? How is the FCAT being used to compare Florida schools? What's going in on in Tampa Bay schools? Get an insider's view from the Times education reporting team.

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Rebecca Catalanello covers Pinellas County schools. E-mail her: rcatalanello@tampabay.com.

Tony Marrero covers Hernando County schools. E-mail him: tmarrero@tampabay.com.

Marlene Sokol covers Hillsborough County schools. E-mail her: sokol@tampabay.com.

Ron Matus covers Pinellas County schools. E-mail him: matus@tampabay.com.

Jeffrey S. Solochek covers Pasco County schools. E-mail him: solochek@tampabay.com.

Kim Wilmath covers the University of South Florida. E-mail her: kwilmath@tampabay.com.

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