ACLU Nebraska Legal Program - Student Rights
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You have the right to remain silent...during the Pledge of
Allegiance. Students at Everett Elementary School in
Lincoln were surprised when a new policy of saying the Pledge every
day was unveiled, since this multi-ethnic school had never done the
Pledge in the past. But the real problem was that one teacher
believed she had the right to force every student to participate in
the Pledge. Students who refused to participate were going to
be sent to "time out" as punishment. After ACLU intervention,
the Lincoln Public Schools Superintendent contacted the school and
instructed every teacher to respect the rights of students to NOT
say the Pledge. (February, 2008)
Can a valedictorian say whatever she wants?
Graduation for one Nebraska senior wasn't the exhilarating time it
should have been. After her class chose her to be one of the
commencement speakers, the student was required to show her speech
to the school for editorial approval. In her speech, she used a
word the school considered offensive, even though it would be
entirely appropriate for prime-time television and was not obscene.
School officials told her she not only couldn't use the word, but
also threatened to withhold her diploma if she went ahead with the
speech as planned. After ACLU intervention, she was allowed to give
the speech using her own choice of words. (May, 2005)
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A Millard high school student just wanted to hand out flyers
against the war. The flyers didn't say anything obscene,
violent, or inappropriate: they just had his personal opinion about
the war in Iraq. He was stopped by school authorities, his
flyers were confiscated, and he was warned not to bring the flyers
back or he would face suspension. After ACLU intervention, the
school acknowledged they were wrong, and the student has been
allowed to distribute his flyers at the times indicated by the
student handbook. (May, 2005) Top
Norfolk Senior High students formed a GSA (Gay Straight Alliance) student club.
They only wanted to be treated the same as other clubs by being allowed to: meet at school during the ‘club
hour,’ use the photocopier, advertise their meetings in print and PA announcements, and have speakers. The
school administration and school board formally denied their request even though other non-curriculum clubs
(including two religious clubs, and Kiwanis club, and an anti-racism club) have these privileges. When the
ACLU staff attorney wrote a letter to the school in 2002, the school backed down—the GSA will now be
treated in the same manner as all other student clubs. The GSA continues to thrive and educate
Norfolk High students about anti-gay bias. In 2003, the GSA
got a public access television show, and has continued to bring
speakers and hold events up through current time. (May, 2005) Top
One student says "Don't pray at my graduation!" One student’s graduation from Norfolk High School
was ruined in 2000 when the school officials announced their plans to include a religious invocation at the
ceremony. The student—known as John Doe to protect his safety—contacted the ACLU. The school removed the
official invocation from the program at the last minute after we complained, but only after announcing the
change was made because someone complained to the ACLU. The crowd booed and hissed, making John Doe and
his family fearful for their safety. The school then allowed an unscheduled speech by a school board
member who recited the Lord’s Prayer. ACLU Nebraska filed suit to ensure that the First Amendment’s clear
prohibition against such public endorsements of religion will be respected by all schools across the state
in the future. In 2003, the case was dismissed because the court held the praying school board was acting
as a private individual and not as a representative of the school. Though the court battle was lost, the
ultimate victory was won: Norfolk High School (and several other high schools we've worked with since the
lawsuit) have not allowed officially-sponsored prayer at the graduations since our lawsuit drew attention
to the issue. Top
