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Home , March For Our Lives

VOLUME TWENTY THREE • NUMBER TWO WINTER 2019 THE

A LEGAL NEWSPAPER FOR KIDS

Students Take Action On Walkouts Issue Free Speech by Hanna Krueger or Substantial “They’re shooting in my class i’m hiding in a corner i love Disruption? you…” wrote Jessica Luckman in a text to her mother as a by Michael Barbella 19-year-old former student roamed the halls of Marjory Stoneman Douglas High School in Parkland, with Never again. That was the message an assault rifle. Within six minutes of pulling the trigger, tens of thousands of American students the gunman had killed 14 students and three teachers and hoped to convey in March 2018 as they injured 17 others in the deadliest school shooting since walked out of classes to demand action Sandy Hook in 2012, which left 20 children and six staff on gun violence. Their outcry became members dead in . somewhat lost, however, amid the Many believed Sandy Hook would be the breaking point in the nation’s national debate over their legal right to longstanding and heated gun rights battle, spurring lawmakers in to protest during school hours. act. Bills proposing an assault weapons ban and universal background checks, An estimated 185,000 students however, fizzled out in Congress. In fact, according to the Pew Charitable Trusts, nationwide ditched their textbooks and since 2013, governors across the country have signed 382 “pro-gun” bills—many laptops for 17 minutes on March 14, widely expanding access to firearms—while just 210 “gun safety laws” were signed 2018 to honor the 17 people killed in a Valentine’s Day shooting at Marjory into law. CONTINUED ON PAGE 6 Stoneman Douglas High School in Parkland, Florida. The coast-to-coast The Long Road to Equality for Women show of solidarity manifested itself in different ways throughout the day. by Jodi L. Miller In Newtown, Conn., the site of a There is a famous quote about the wheels of government turning slowly. When deadly school shooting six years ago, it comes to the Equal Rights Amendment (ERA), first proposed in 1923, truer pupils simply read the names of each words were never spoken. victim, while activists in Florida stood Alice Paul, a pioneer in the women’s suffrage silently around sets of empty chairs. movement, wrote the first draft of the amendment soon after a woman’s right to vote was achieved with the passage of the 19th Amendment. Nearly a century later, the ERA is just one state away from being ratified.

History of ERA In 1923, on the 75th Anniversary of the first Women’s Rights Convention in Seneca Falls, NY, Alice Paul introduced the Equal Rights Amendment. Paul said, “If we keep on this way they will be celebrating the 150th anniversary of CONTINUED ON PAGE 4 CONTINUED ON PAGE 5 Access to Social Media Protected by First Amendment by Maria Wood

In the old days, the public square express their viewpoints, but a place to Packingham appealed the ruling referred to a colonial village square gather information as well. Therefore, to the Court of Appeals. where people gathered to share ideas governments cannot limit who can log That court sided with him, agreeing and pass out written material. Today’s onto social media channels, including his First Amendment rights had been public square is arguably the Internet those convicted of crimes. denied and overturned his conviction. and more specifically social media. The state of North Carolina appealed With an 8-0 decision, the U. S. No lawbreakers allowed that court’s decision to the North Supreme Court ruled in June 2017 that The Court’s decision was in response Carolina Supreme Court, who reversed the Internet is similar to a public forum to a North Carolina law that made it the appeals court’s decision. The state’s and that social media is protected under a felony for an individual convicted law, the North Carolina Supreme Court the First Amendment, which guarantees of a crime against a minor to access justices said, was needed to keep every person’s right to free speech. commercial social networking sites people who had been convicted of “A fundamental principle of the First where minor children are permitted to the same crime as Packingham away Amendment is that all persons have be members. In Packingham v. North from children and put a “limitation on access to places where they can speak Carolina, the U.S. Supreme Court was conduct” not speech. and listen, and then, after reflection, asked to decide whether the state’s law speak and listen once more,” wrote violated the First Amendment. Marketplace of ideas Justice Anthony Kennedy in the Court’s The case involved Lester Gerard During oral arguments before the majority opinion. Packingham, a convicted sex offender. U.S. Supreme Court, several justices In other words, social media is In 2002, Packingham, who was then made reference to the significance of not only a place where people go to 21 years old, was found guilty of the Internet and social media in today’s unlawful activities with a young person daily life. in Durham, North Carolina. He spent a “It is a crucially important channel year in prison. As a result of his crime, of political communication,” Justice THE Packingham had to register as a sex Elena Kagan said. “It is embedded in offender and was ordered to have no our culture as ways to communicate A LEGAL NEWSPAPER FOR KIDS contact with young people. In addition, and ways to exercise our constitutional under North Carolina law, Packingham rights.” This publication was made possible through funding could not view or post on social media Justice Ruth Bader Ginsburg said from the IOLTA Fund of the Bar of . sites, such as . that being restricted from social media Jodi L. Miller In 2010, the Durham police would represent “being cut off from EDITOR department was checking for a very large part of the marketplace EDITORIAL ADVISORY BOARD violations to the state law. During the of ideas. And the First Amendment John J. Henschel, Esq. investigation, a police officer noticed a includes not only the right to speak, but CHAIR Facebook post from a “J.R. Gerrard.” the right to receive information.” Mary M. Ace, LCSW The officer traced the name back to Before the Court, David T. Goldberg, Kelly Ann Bird, Esq. Packingham. Packingham’s lawyer, argued that Glenn A. Bergenfield, Esq. In the post, Packingham said he North Carolina’s law was too broad in Risa M. Chalfin, Esq. was happy a parking ticket had been prohibiting his client from reviewing Eli L. Eytan, Esq. dismissed. While he may have escaped all social media sites and by doing so Felicia T. Farber, Esq. a parking violation, by accessing a social Susan A. Feeney. Esq. violated his First Amendment rights. Jeremy Farrell, Esq. media site Packingham had violated “The law does not operate in some John F. Gillick, Esq. North Carolina state law. sleepy First Amendment quarter. It Hon. Lisa James-Beavers, ALJ Packingham argued the law violated operates and forbids speech on the very Stuart M. Lederman, Esq. his First Amendment rights and was platforms on which Americans today are Thomas J. Manzo, Esq. therefore, unconstitutional. A superior Margaret Leggett Tarver, Esq. court judge disagreed, noting the state Kimberly A. Yonta, Esq. has a duty to protect children from any Thomas A. Zeringo contact with someone who might harm them. © 2019 New Jersey State Bar Foundation CONTINUED ON PAGE 3 Social Media CONTINUED from PAGE 2 most likely to communicate, to organize other rulings the Court has handed for social change, and to petition their down. “The Court has been saying government.” for a while the Internet is just like any other medium of communication,” Court’s decision she says. “It’s an arena where there Siding with Packingham, Justice are First Amendment rights. In Kennedy wrote, “North Carolina, with some ways the Internet is news one broad stroke bars access to what but in other ways it’s just like any for many are the principal sources for platform for communication. We knowing current events, checking ads can expect the Supreme Court will for employment, speaking and listening treat communications online as fully in the modern public square, and protected by the First Amendment.” otherwise exploring the vast realms of Although he agreed with the Court’s human thought and knowledge.” majority, Justice Samuel Alito wrote a Justice Kennedy added that to concurring opinion where he took prohibit someone from social media issue with certain points, including altogether “is to prevent the user from Justice Kennedy’s opinion that social engaging in the legitimate exercise of media is similar to the public square. First Amendment rights.” The state, he “I am troubled by the Court’s loose unprecedented degree of said, cannot restrict lawful speech based rhetoric. After noting that ‘a street or anonymity” allowing an offender the on what it thinks is unlawful speech. a park is a quintessential forum for the ability “to assume a false identity.” Ellen P. Goodman, a professor at exercise of First Amendment rights,’ Rutgers Law School—Camden, who the Court states that ‘cyberspace’ and Decision’s impact specializes in information policy law and ‘social media in particular’ are now Though the Packingham decision is free speech issues, said she believes the ‘the most important places (in a spatial only a year old, its impact has already Supreme Court made the right decision. sense) for the exchange of views,’” been seen. In March 2018, for instance, “It was a strong First Amendment Justice Alito wrote. “The Court should the West Supreme Court ruling that recognizes the prominence of be more attentive to the implications reversed a parole board’s decision the Internet in people’s lives,” Professor of its rhetoric for, contrary to the to send a convicted felon back to jail Goodman explains. “The Court ruled Court’s suggestion, there are important because he lived in a house where his that the North Carolina law was too differences between cyberspace and the girlfriend had a computer with access broad, and too much of an imposition physical world.” to the Internet. The man said he did not on a person’s First Amendment rights to Justice Alito noted that it is easier have the password to log onto to the access information.” for parents to monitor their children in computer. Professor Goodman is not person rather than on the Internet and The state’s Supreme Court, citing surprised by the decision in light of pointed out that “the Internet offers an the Packingham decision, ruled the parole board’s decision denying the man TAKE ADVANTAGE OF THE NJSBF’S NEW BLOGS access to the Internet represented a restriction of his free speech rights. The New Jersey State Bar Foundation’s civics blog, Will the Packingham decision apply The The Informed Citizen explains civics-related topics in the future? In his opinion, Justice in plain language. Posts can be read on any device or Informed Kennedy cautioned that rulings made easily printed as a handout. Stay tuned, as new posts Citizen regarding social media today might will be added to the blog every month. not apply in the future as the Internet changes. “The forces and directions And, don’t miss the update blogs for Respect (Respect Rundown) and of the Internet are so new and so far The Legal Eagle (The Legal Eagle Lowdown). These blogs feature updates on reaching that courts must be conscious recent stories published in the newsletters. that what they may say today might be obsolete tomorrow,” he wrote. You can find all of the blogs on our website (njsbf.org). Access them from the Homepage’s navigation bar under Blogs. Questions or comments should be directed to Jodi Miller at [email protected]. 3 Equality for Women CONTINUED from PAGE 1 the 1848 Convention without being much further advanced the actions of these five states are not valid and therefore still in equal rights than we are…If we had not concentrated on count toward the 38-state ratification requirement. the Federal Amendment we would be working today for The U.S. Constitution Sesquicentennial Commission suffrage…We shall not be safe until the principle of equal explained in The Story of the Constitution, published in 1937, rights is written into the framework of our government.” “The rule that ratification once made may not be withdrawn The original amendment stated: “Men and women shall has been applied in all cases; though a legislature that has have equal rights throughout the United States and every rejected may later approve, and this change has been made in place subject to its jurisdiction. Congress shall have power the consideration of several amendments.” to enforce this article by appropriate legislation.” That amendment was introduced in every congressional session 200 years later… until it passed both houses of Congress with reworded The ERA was thought to be dead until a 200-year-old language in 1972. The current ERA states: “Section 1: Equality amendment changed everything. The 27th Amendment of rights under the law shall not be denied or abridged by to the U.S. Constitution, which deals with the timing of the United States or by any state on account of congressional pay raises, was passed in 1992. Written by sex. Section 2: The Congress shall have the James Madison, the amendment was sent to the states for power to enforce, by appropriate legislation, ratification in 1789. the provisions of this article. Section 3: This To ERA advocates, a 203-year-long successful ratification amendment shall take effect two years after indicated that Congress has the power to the date of ratification.” maintain the legal viability of the ERA’s 35 state The ERA was sent to the states for ratifications, meaning that they still only needed ratification on March 22, 1972. It received 22 three more. So advocates adopted the “three- state ratifications in the first year. Then progress state strategy” which focused on urging the 15 slowed, with the last state () ratifying the states that had not ratified the amendment to amendment in 1977, the year of Paul’s death. do so. During the decade ERA advocates were As a result of this new strategy, Nevada fighting for the amendment’s passage, ratified the ERA in March 2017 and opponents, led by Phyllis Schlafly, a lawyer did the same in May 2018. To date, 13 states and conservative political activist, were (Alabama, , Arkansas, Florida, , rallying against it. Schlafly and her supporters, , Mississippi, , North including many conservative religious groups, Carolina, , , believed the women’s liberation movement was and Virginia) still have not ratified the ERA. In hurting families and stoked fear about the ERA, 2018, efforts for Virginia to be the final state claiming its passage would force women into combat, put ratification failed. privacy rights in jeopardy and deny women the right to be Lenora Lapidus, director of the Women’s Rights Project supported by their husbands. Rather than seeing the ERA as at the American Civil Liberties Union, is encouraged by the gaining protections for women, opponents viewed making activism of women today and contends that the final state laws gender neutral as threatening “privileges” for women. ratification could come in the next two years. There are In 1978, Congress voted to extend the original seven- efforts concentrating on North Carolina, Lapidus says, but year deadline for ratification of the ERA until June 30, 1982. does not count out Virginia possibly ratifying in the next Despite the extension, no more states had ratified the legislative session. amendment by the new deadline. In the end, the ERA fell three states short of the 38 needed for ratification. Still needed? To date, the only equality among men and women Rescinding support specified in the U.S. Constitution is the right to vote. As a result of efforts to derail the ERA, between 1973 According to the Alice Paul Institute in Mt. Laurel, from birth and 1982, five states (Nebraska, , Idaho, the way males and females obtain their constitutional rights and ) that had ratified the amendment voted to are different. “We have not moved beyond the traditional rescind support of the ERA. Article V of the U.S. Constitution assumption that males hold rights and females, if treated only allows for the ratification of an amendment. It does unequally, must prove that they hold them.” not give the power to rescind that ratification. Legal But critics contend the ERA is no longer needed precedent, for example with ratification of the 14th because women have made great strides since the time the Amendment to the U.S. Constitution, suggests that amendment was 4 CONTINUED ON PAGE 5 Equality for Women CONTINUED from PAGE 4 first proposed, pointing to laws protecting women against Ruth Bader Ginsburg, future U.S. Supreme Court justice, discrimination. wrote, “With the Equal Rights Amendment, we may expect U.S. Census Bureau data reveals, however, that women still Congress and the state legislatures to undertake in earnest, earn 80.5 cents for every dollar a man earns and women of systematically and pervasively, the law revision so long color earn even less. According to the Institute for Women’s deferred. And in the event of legislative default, the courts will Policy Research, that earnings gap will not close until 2058. have an unassailable basis for applying the bedrock principle: The U.S. is ranked 45th in the Global Gender Gap of nations, All men and all women are created equal.” coming in behind Belarus and Namibia. “Statutes are not enough because they can be rescinded,” Where we go from here says Lapidus. “A constitutional amendment is permanent.” According to Lapidus, once the last state ratification is Legal scholars argue that ratification of the ERA would obtained there will be some issues to work out. “Congress bring sex discrimination up to the strict scrutiny standard, has to take some action to extend the deadline or some other according to Lapidus. The standard now is “exceedingly action needs to be taken,” she says. persuasive justification.” By extending the deadline in 1978, Congress demonstrated “The effect would be that most laws or government that it does have that power. In addition, Article V of the U.S. policies would be struck down as unconstitutional because Constitution has no mention of a time limit for a constitutional they wouldn’t meet the strict scrutiny standard,” she says. amendment just that three-fourths of state legislatures Lapidus explains that strict scrutiny, which is the highest need to ratify for it to become part of the U.S. Constitution. standard, means in order for a law or policy to treat men Another argument that the imposed deadline should not bar and women differently and still be considered constitutional, final ratification is that it appears in the proposing clause, not it would need to be narrowly tailored and there would the actual amendment. need to be a compelling Abigail Adams wrote in a government interest to 1776 letter to her husband, do so. In addition, there John, “In the new code of laws, would have to be no “less remember the ladies and do not restrictive” alternative to the put such unlimited power into proposed law. the hands of the husbands.” In an article for the Perhaps if the ERA is ultimately Harvard Women’s Law ratified, the ladies will finally be Journal, written in 1978, remembered.

Walkouts CONTINUED FROM PAGE 1 Protesters in the nation’s capital, Heather Taylor, who was inside the declaration that students and teachers by contrast, were more animated, school during the shooting, told NBC do not “shed their constitutional rights gathering outside the News during the walkout. “I hope that to freedom of speech or expression at chanting, “Hey, hey, ho, ho, the NRA happens. I hope people see we’re really the schoolhouse gate.” has got to go!” and trying and we’re not going to stop.” The catalyst for the 1969 Supreme students injected creativity into the mix Indeed, students persevered in their Court ruling was a decision four by laying down on a football field and mission to advocate for gun control years earlier by the Des Moines spelling out the walkout’s rallying cry: despite encountering some pushback Public School District to suspend “Enough.” from school administrators threatening five students for wearing black Organized by Youth Empower, disciplinary action. armbands in class to protest the a division of the national Women’s . The district argued the March group, the protest aimed to The Tinker standard two-week suspension was necessary raise awareness of student gun control By scheduling the walkout during to maintain order and discipline in demands, among them, an assault-style school hours, Youth Empower rekindled school, but the U.S. Supreme weapon ban and expanded background a decades-long debate over students’ Court disagreed, concluding checks for all gun buyers. First Amendment rights. The issue was that student speech can only “I just hope we can get better gun first addressed half a century ago with control,” Stoneman Douglas freshman the U.S. Supreme Court’s now-famous CONTINUED ON PAGE 7 5 Gun Control CONTINUED FROM PAGE 1 Something different officers or in some cases family members to ask a judge for In the wake of the Parkland shooting something was permission to temporarily take away the guns from someone different, according to Jerusha Conner, a professor of they believe poses a threat to themselves or others. education policy at Villanova University who researches Gun control advocates argue that red flag laws make it student voice and youth organizing. harder for troubled individuals to obtain guns. According to “Adults have been working on gun control since Columbine the Brady Campaign to Prevent Gun Violence, 42 percent and then Sandy Hook and nothing has happened. So the of mass shooters exhibit warning signs before committing young people said, ‘If you’re not going to lead us anywhere, their crimes. The 19-year-old responsible for the Parkland we’re going to have to,’” says Professor Conner. shooting, according to press reports, had a history of violence In the months since Luckman sent that harrowing text, a toward animals, fights with family members and an obsession wave of teen activists has seized the limelight in their quest with guns. He once commented on a YouTube video: “I’m to end gun violence. A day after the shooting, following a going to be a professional school shooter.” He was on law candlelight vigil for the victims, a group of Parkland students enforcement’s radar and the FBI had been alerted about his had a sleepover where they discussed what could be done. behavior, but he was still able to purchase multiple firearms. “We said something needs to happen; there needs to be Nationwide the number of states with red flag laws more a central space; there needs to be a movement,” said student than doubled after Parkland to include Florida, Vermont, in an interview with . , Rhode Island, New Jersey, Delaware, In the dwindling minutes of February 15, members of the and Illinois. Prior to the Parkland shooting, five states slumber party launched a Facebook page for the Never Again (Connecticut, Indiana, , Washington and ) movement, which called for Parkland to be the last school had red flag laws on the books. Three other states (, shooting in the United States. The page gained thousands of and ) are considering red flag proposals, but followers within hours. But it did not stop there. face criticism from Second Amendment activists who argue As their peers and teachers were still being laid to rest, the the law infringes on due process rights. student group organized a powerful movement. They rallied At the federal level, President Donald Trump called on around the central idea of stricter background checks for Congress to strengthen background checks for gun buyers, a gun buyers and seized the cameras with provocative Tweets measure that 90 percent of Americans support. In a meeting and energized speeches from rallies throughout Florida. with Parkland students, he said he favored arming teachers One student led a delegation down to the state’s capital and and later doubled down on his support of the controversial others laid the groundwork for a nationwide march against idea in Tweets and rally speeches. Currently, seven states— gun violence. Just four days after the shooting, the youth-led most recently Florida— allow public school employees to activist movement had a name, a policy goal, a plan and the carry firearms to work, according to the National Conference attention of lawmakers and reporters throughout the country. of State Legislatures. “Youth really took control of the narrative from the beginning and reshaped the way in which the media Marching for life responded and then applied pressure to ensure that there On March 24, 2018, the Parkland students showcased would be political change as well,” said Professor Conner. the sprawling reach of their movement in a student- By March, the group began to see results. Rental car led demonstration entitled March for Our Lives. Youths companies, airlines and hotels stopped offering discounts marched in a sea of support across the United States and to members of the National Rifle Association (NRA). Dick’s internationally, including in , Madrid, and . Sporting Goods, Walmart and L.L. Bean, three popular gun According to The Washington Post, the event brought out suppliers, increased the minimum age to purchase a approximately two million people in 763 locations worldwide. gun to 21. “The simple framing of March for Our Lives is powerful. It is their lives that they feel are at stake here and there’s Red flags nothing more important than that,” said Professor Conner Following steady pressure from of the effectiveness of the movement. Parkland activists, the gun-friendly Perhaps the most sprawling and sustainable change state of Florida passed the first set of gun enacted by the Parkland movement is its ability to spark restrictions in 20 years, increasing the minimum age collaborations between youths of different neighborhoods for gun purchases to 21, creating a three-day waiting and demographics. period for sales and banning bump stocks, a makeshift “We recognize that Parkland received more attention device that enables guns to fire faster. The state also because of its affluence,” , a survivor of the instituted a red flag law. Red flag laws allow police Parkland shooting, said during 6 CONTINUED ON PAGE 7 Gun Control CONTINUED FROM PAGE 6 her speech at the March for Our Lives rally. “But we share this Florida, which hosted a Senate and stage today and forever with those communities who have gubernatorial election, as well as 27 always stared down the barrel of a gun.” house elections. “The campaign has brought together groups that were Ultimately, the midterm election working independently for years before Parkland and now results were a mixed bag for the Never are working together under a larger umbrella,” explains Again movement. Some candidates, Rachel Gunther, who helps manage Youth on Board, a backed by the NRA, fell to opponents -based youth organizing program, which has twice advocating for gun law reform. Others, been visited by Parkland students. like Rep. Steve King of , whose campaign attacked the Parkland movement, held onto their seats. The youth vote However, according to CIRCLE, early estimates show that 31 After the March for Our Lives rally, the Never Again percent of 18 to 29-year-olds cast a ballot in the midterms, activists shifted their focus to the November midterm the highest rate of midterm turnout for this demographic in election. In the past, youth turnout has been historically 25 years. Each year, more members of Generation Z (anyone low during midterm elections, which fall halfway through a born after 1997) become eligible to vote. president’s term. The last midterm election in 2014 had just According to statistics compiled by The Washington Post, 21.5 percent participation from 18 to 29-year-olds, according more than 208,000 students have experienced gun violence to Tufts University’s Center for Information Research on Civic at school since the shooting at Columbine High School Learning and Engagement (CIRCLE). in 1999. Parkland activists say Generation Z is “the mass The Parkland activists embarked on a two-month, shooting generation,” which grew up accustomed to active nationwide bus tour, dubbed Road to Change, in June shooter drills and death toll counts on CNN. Their votes could centered on rallying young voters. They made over 50 bring the Parkland ideals closer to reality, proving that change stops in 20 states and visited every congressional district in is possible.

Walkouts CONTINUED FROM PAGE 5 be censored if it “materially disrupts” District over their suspension. “Clearly, a substantial disruption to classes and/ classwork or involves the “substantial the prohibition of expression of one or breached others students’ rights. disorder or invasion” of others’ rights. particular opinion, at least without Because the decision was so subjective, The armbands, in the eyes of the evidence that it is necessary to avoid districts’ policies for dealing with the Court, did neither. The substantial material and substantial interference walkout varied significantly. disruption standard outlined by the with schoolwork or discipline, is not Boise, Idaho educators, for court is better known as the Tinker constitutionally permissible,” Supreme example, would not excuse protesters test, named after two siblings (Mary Court Justice Abe Fortas wrote for from class without parental permission, Beth and John Tinker) who, along with the majority in Tinker v. Des Moines though the district also provided 16-year-old Christopher Eckhardt, Independent Community School District. alternative activities during lunch and sued the Des Moines Public School “Freedom of expression would not truly breaks so students could express their exist if the right could be exercised concerns and opinions. Cobb County, only in an area that a benevolent Georgia administrators, meanwhile— government has provided as a safe citing safety concerns—threatened to NOW haven for crackpots.” punish protesters with either Saturday HEAR US detention or five days’ suspension, per Applying Tinker district guidelines. One school district In applying the in Nevada threatened to withhold Tinker standard to students’ diplomas or kick students off the Parkland shooting sports teams for participation in the protests, school walkout. WE NEED districts had to “Tinker protects student TO BE HEARD decide whether the speech at school as long as it walkouts constituted CONTINUED ON PAGE 8 7 Walkouts CONTINUED FROM PAGE 7

too much homework on a Friday night “Instead of resorting to discipline, I will not walk out of class before a long weekend.” we hope that your district embraces I will not walk out of class Professor Healy says districts that moments like these affirmatively as sanction student protests based on an opportunity for students to learn I will not wa the message risk violating the First firsthand about civic engagement, no Amendment. In other words, districts matter the cause at the center. Public cannot be seen as taking a stance on schools are essential in educating young any issue. people about democracy, and that “Preventing disruption to the includes their role in enacting it,” the doesn’t materially disrupt the learning learning environment is enough by letter stated. environment,” Seton Hall University law itself to justify the schools’ position,” professor Thomas Healy says. “But the Professor Healy explains. “Schools First Amendment doesn’t give students cannot discipline students simply a right to leave class in the middle of because they don’t like the message the day to engage in a protest. Schools they’re expressing. So, if schools GLOSSARY can insist that students attend classes allowed students to walk out in favor appealed — when a decision from and can discipline them if they don’t.” of gun rights but not in opposition to a lower court is reviewed by a higher In Sayreville, students were gun rights, that would violate the First court. Amendment. As long as they apply the threatened with two-day, out-of-school concurring opinion — a separate suspensions for participating in the policy against walkouts even-handedly, opinion delivered by one or more Parkland protest, NJ Advance Media there’s no First Amendment violation.” justices or judges that agrees with reported. Sayreville Board of Education the decision of the court but not for President Kevin Ciak justified the Discipline is key the same reasons. district’s stance by deeming the protest Participating in a school walkout due process rights — basic rights can result in disciplinary consequences a “substantial disruption” to students’ of fairness against government for students. Across the country, learning as well as a threat to the kids’ actions which threaten a person’s chapters of the American Civil Liberties safety. He also expressed concern right to life, liberty or property. about opening a Pandora’s Box of Union (ACLU) explained to schools and felony — a serious criminal offense student protests over trivial causes. students alike what those consequences usually punished by imprisonment of “The Board of Education is not in could be in light of the scheduled more than one year. a position where legally, as a public March 2018 walkout. majority opinion — a statement school [district], we can select which In the Garden State, the New Jersey written by a judge or justice that particular causes we will allow our School Boards Association and ACLU— reflects the opinion reached by the students to participate and protest in,” NJ both provided guidance to New majority of his or her colleagues. Ciak said during a February 2018 public Jersey school districts on students’ First board meeting. “If we decide that we Amendment rights in the weeks leading overturned —in the law, to void a prior legal precedent. open this door, we open this door to up to the Parkland protests. A March allow students to basically walk out and 1st letter from the ACLU-NJ reminded ratified — approved or endorsed. protest anything. Today it might be a districts of students’ constitutional rescind — take back or cancel, protest in favor of gun control; the next rights, noting that pupils cannot legally repeal; to void an act or an order. day we would have to allow students be disciplined more harshly than normal reverse— to void or change a who wish to walk out in favor of for engaging in politically motivated decision by a lower court. conduct. their right to advocate for the Second rhetoric — language designed That means that if the usual Amendment—the right to bear arms. to have a persuasive or impressive punishment for an unexcused absence The next day we might have to allow effect on its audience, but often students to walk out in protest for the is detention, for example, a harsher regarded as lacking in sincerity or legalization of marijuana. And the day punishment cannot be imposed for meaningful content. participating in a walkout. after that we may even have to allow statute — legislation that has been The ACLU-NJ letter implored school students to protest because signed into law. they’re unhappy that their administrators to see the walkout issue suffrage — the right or privilege of chemistry teacher gave them as a benefit. 8 voting.