Kansas school bans teachers from wearing safety pins.

[pnwmom]

Last edited Tue Nov 22, 2016, 01:37 PM - Edit history (1)

I hope the ACLU takes action on this. Tinker Vs. Des Moines ruled that students and teachers don't leave their right to free speech at the school house door.

http://www.pitch.com/news/blog/20844364/shawnee-mission-school-district-forbids-teachers-from-wearing-safety-pins

We called Anderson’s office on Friday for comment, but did not hear back. We also called the school district for comment over whether the policy is district-wide. Today, assistant superintendent of communications Leigh Anne Neal sent us the following response:

Recently a movement to wear safety pins has gained popularity across the nation and in our community. Individuals began wearing safety pins within our school communities resulting in concerns and complaints regarding political connotations associated with the wearing of safety pins. The Shawnee Mission School District is committed to creating and maintaining safe schools that foster a culture of respect for all. Key to this goal is ensuring that our classrooms and school learning environments remain free from disruption. To assist in clarifying district policies and procedures, a joint statement from the school district and NEA-SM was shared with all staff on Monday. The statement is written as follows:

"Recent events require us to remind our employees of their rights and responsibilities. As a staff member, you do not give up your first amendment right to free-speech on matters of public concern. However, your communication inside the classroom on school time is considered speech on behalf of the school district and there is a limitation on that speech.

The wearing of a safety pin as a political statement is the latest example of such political speech. Although wearing the safety pin as political speech is not the problem, any disruption the political statement causes in the classroom or school is a distraction in the education process. We ask staff members to refrain from wearing safety pins or other symbols of divisive and partisan political speech while on duty — unless such activity is specifically in conjunction with District curriculum."

http://caselaw.findlaw.com/us-supreme-court/393/503.html

United States Supreme Court
TINKER v. DES MOINES SCHOOL DIST., (1969)
No. 21

Argued: November 12, 1968 Decided: February 24, 1969
Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:

1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.

2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.

3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.
383 F.2d 988, reversed and remanded.

[workinclasszero]

1. How in the hell can those nazi bastards in Brownbackastan get away with that shit?

[CountAllVotes]

28. Because they CAN

and it is up to We the People to stop these Nazis!

[metroins]

2. I think it can be construed as political

Personally I like the safety pin idea, but I can easily see it being political speech.

[pnwmom]

9. Political speech is protected even in schools, according to Tinker vs. Des Moines. n/t

[metroins]

13. You know better than I do nt

[pnwmom]

14. This is the case.

http://caselaw.findlaw.com/us-supreme-court/393/503.html

United States Supreme Court
TINKER v. DES MOINES SCHOOL DIST., (1969)
No. 21
Argued: November 12, 1968 Decided: February 24, 1969

Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:

1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.

2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.

3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.
383 F.2d 988, reversed and remanded.

[muntrv]

3. ...but they students can wear brownshirts, right?

[Nevernose]

4. Probably for the best

Wearing a safety pin could, conceivably, disrupt the learning environment and make Trump Youth Corps members feel less safe (which is sad and ironic). We have to teach them, too, and the point can be made better to them by example instead of props.

More importantly, any teacher who is actually providing a safe, caring environment should be pretty obvious with or without a safety pin. The kids should know if a teacher is providing safe and supportive environment, if that teacher is actually providing said environment.

[pnwmom]

10. Just because a teacher seems nice in the classroom doesn't mean she is a safe person

for an undocumented student to approach with concerns about that issue.

[Nevernose]

11. I'm a teacher

Undocumented students approach me for questions (and occasionally answers) all the time. My room is also where the Muslim kids come to pray, where the Gay Straight Alliance meets, and where girls meet to avoid creepy guys (that one doesn't really have a name).

I don't wear a safety pin because I don't need one, and neither do any of the other "safe space" teachers I know. That environment of trust and love was constructed over the course of years, was here before Trump and will be here long after he's gone.

[pnwmom]

12. Good for you! But the law protects teachers who do want to wear a safety pin.

Tinker vs. Des Moines.

[Generic Brad]

15. Would the same law protect them if they wore a KKK pin?

The way I see it - if we want our speech to be free, then we have to accept views we disagree with (chokes on own vomit writing this). The law cuts both ways. If we make this a rallying point, the same argument can come back and bite us.

[pnwmom]

16. That would be hate speech. There is nothing hateful about a safety pin. n/t

[branford]

17. There's no "hate speech" exception to First Amendment jurisprudence.

What could be reasonably considered expressions of partisan support by teachers during school hours in a classroom can almost certainly be regulated or prohibited by school district authorities to prevent disruption, and far more practically, to prevent lawsuits by students and their families. The law is quite clear that conservative and Trump supporting students are entitled to the same protection in the schools as everyone else and must be treated equally and respectfully ny teachers and administrators.

[ProfessorGAC]

21. The Disruption Phrase In The Directive Would Clearly Be Violated, Though

The KKK pin would only have the purpose of causing a reaction. It's not statement, it is, on its face, a provocation. Apples and oranges, Branford. There is no need for a hate speech exception. But in one case, the symbol might be provocative, and in the other it can nothing but.

[branford]

25. It's precisely these types of discussions

and the reasonably anticipated disruptive effect of political displays, particularly by teachers and staff during school hours and in class, together with the general prohibition against partisan advocacy by these same people, that renders the school's policy both prudent and legally justifiable.

Simply because we may agree with a particular message (e.g., the safety pin), does not make the intended message non-disruptive, inoffensive or not a provocation to other.

I would also note the jurisprudence concerning the speech of teachers and staff is notably different than student speech.

[oberliner]

19. How about a Trump pin?

Would you object to that?

[oberliner]

18. Kids can pray at school?

And girls meet in your classroom to avoid creepy guys?

What kind of school is this, exactly?

[Nevernose]

20. Muslim kids say prayers at noon

That's my prep period, so they can have a nice, quiet place to do their Muslim stuff without other kids making fun of them or staring. As long as I don't lead them in prayer, there's nothing illegal. Wherever did you get the idea that students weren't allowed to pray on school? That's the kind of stuff I find in my Baptist aunt's Facebook page

The girls mostly just want a place where they can hang out during lunch once or twice a week with no boys allowed. That doesn't seem so strange, even if I phrased it flippantly.

[pnwmom]

27. Boys have cooties. Didn't you know that?

[IowaGuy]

5. Tinker vs. Des Moines Public Schools

This is settled law, the Kansas school district is in violation of the Constitution. If sued, they will lose unless they wish to take it all the way to the Supreme Court and get Tinker vs. DMPS overturned.

[pnwmom]

6. Thanks. I'll add this to the OP.

[IowaGuy]

8. ☺

I'm not a lawyer, but this case is burned into my psyche and also my general community. My school, Roosevelt high school was the subject of this lawsuit. After this election, when everybody was taking to the streets to protest, the DMPD actually let students go and used this as a teaching moment as to what the law is and our communities role in it. IMHO, a much healthier approach than what the DMPS did in the 60's and what is presently happening in Kansas.

[LonePirate]

7. This district is in the upscale KC suburbs and is the 1st/2nd largest school district in the state.

This is not some small rural district by any means as the there are about 600,000 residents in the county with the district.

[bellmartin]

23. And the county it's in, Johnson County, narrowly went R...

... and polls had the county about 15% ahead for Hillary until Comey's move.

True anecdote: in my classroom in an elementary school there, our secret-ballot Election Day vote was 85% Hillary.

Someone in my school posted one of the positive articles about the safety pins that apparently offended the superintendent so. No one I heard of at my school was offended by the pins. Many are offended by the rule. One bright spot: moments after I received the district's email, and before removing my pin in compliance, I'd rejoined the ACLU.

[bellmartin]

22. A pretty good editorial about it today in the KC Star

http://www.kansascity.com/opinion/opn-columns-blogs/mary-sanchez/article116508188.html

[pnwmom]

24. Thanks!

[rzemanfl]

26. These teachers should all remove a button and say they can't pin it. n/t