LTE: D128 School Board Rules Unconstitutional?
- on 06.20.06
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There was an interesting Letter to the Editor recently about District 128’s monitoring of MySpace. Emphasis Mine
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Board needs review of free-speech laws Perhaps members of Community High School District 128’s board of education need to go back to high school and retake their United States Constitution tests. This need is surprising in light of the fact that when they were sworn in as board members, their solemn oath began: “I do solemnly swear that I will support the Constitution of the United States …†As a refresher for board members, the First Amendment sates that government “shall make no law … abridging the freedom of speech, or of the press.†And as elected public school officials, that means you. But on May 22, these same board members — lest some voters forget their names, they are Anne Landgraf, president; Judy Sugarman, vice president; Jan Foreman, secretary; Judy Berliant; Pat Groody; Ellen Mauer; and Dennis Ryan — passed a revision to the district code that will impact students’ participation in extracurricular activities for “maintaining or being identified on a blog site which depicts illegal or inappropriate behavior.†I believe this change to the district code is unconstitutional, not to mention unconscionable, and I urge the board to rescind it at its next meeting. There is so much wrong with the code change, it should leave voters of every mindset wondering about the intellectual capability of the collective board of education. The board identifies “blogs†as a sole source of potentially evil communication, to the exception of all other sources. The board’s chosen wording says that being identified on an evil “blog,†even falsely, opens students to possible punishment. And then there’s this thing about the First Amendment and the fact that even young Americans have the Constitutional right to say and write things that others may find “inappropriate†without fear of being punished by the government (which the board of education is!). As a resident of this district with two young children nearing the doorstep of a District 128 school, I ask of the board three things in regard to this issue: First, remember your oath as elected board members to uphold the Constitution. Second, know that you are not responsible to be the parents of the district’s students outside the school. Third, protect our tax dollars by not opening our district up to the lawsuit it deserves over the wording adopted May 22. The board can accomplish all these aims by rescinding the code change at its next meeting. Barry Reszel |
Barry hits the nail on the head. The vague language here will eventually be used against a student who speaks out against the school or an official. This has happened in another school district here in Illinois already.
This language will open the district up to lawsuits. If the board wrongly identifies a student, if the board halts punishes a student for speaking in opposition to them and if the district does not enforce the rules identically in all cases this will surely happen. It will be costly to the district and ultimately the taxpayer.











