Lawsuit: Anything gay illegal in school

A Florida high school is "trampling the First Amendment rights of students who support equal rights for gay people," according to a federal lawsuit filed on Jan. 31 by the American Civil Liberties Union. In its lawsuit, the ACLU describes what it calls an atmosphere of fear and censorship at Ponce de Leon High School, where the school board's attorney allegedly has said that expressions like a rainbow sticker may mean students are members of an "illegal organization." "All any of us wants to do is be able to talk about gay rights issues without having to be scared," said Heather Gillman, a 16-year-old junior at the school. "Nobody should have to worry about being kicked out of school just for having a rainbow sticker on your notebook." The dispute began last fall said Gillman. The ACLU sent a letter in November to the school board's attorney on behalf of Gillman, asking for clarification as to whether a variety of symbols and slogans, such as the rainbow flag or "I support my gay friends," would be allowed at the school. The school district replied that it would not allow any expressions of support for gay rights at all because such speech would "likely be disruptive." The district then said that such symbols and slogans were signs that students were part of a "secret/illegal organization." according to the ACLU. The ACLU became involved after Gillman and other students approached it saying there was atmosphere at the school in which students said they were routinely intimidated by school officials for things such as writing "gay pride" on their arms and notebooks or wearing rainbow-themed clothing. According to students, problems began in September when a lesbian student tried to report to school officials that she was being harassed by other students because she is a lesbian. Instead of addressing the harassment, students say the school responded with intimidation and censorship. "Because the Supreme Court has held that students have a right to free speech at school unless that speech disrupts the educational process, many administrators think they can just slap the label 'disruptive' on anything they don't like and get away with stomping on students' First Amendment rights," said Benjamin James Stevenson, a staff attorney for the ACLU of Florida. "The law doesn't work that way," said Stevenson. "School should be a marketplace of ideas, where students share new ideas and learn about themselves and others. Just talking about gay rights or any other topic outside of class isn't inherently disruptive." In the complaint, the ACLU asks the court for an injunction to stop Ponce de Leon High School officials "from suppressing students' First Amendment rights in the future." "Writing something like 'I support gay rights' on your notebook doesn't mean you're part of some secret conspiracy or shadowy organization," said Christine Sun, a staff attorney with the ACLU's national Lesbian Gay Bisexual Transgender Project. "Schools shouldn't be in the business of trying to frighten students into silence." Ponce de Leon is located halfway between Pensacola and Tallahassee, in Florida's panhandle. According to the school's website, about 400 students are enrolled there.