On The Front Lines

First Amendment Lawsuit to Move Forward; Rutherford Institute Attorneys Challenge Censorship of Conservative Student Club Posters

BOSTON, Mass. -- A lawsuit challenging school censorship of conservative political posters has survived its first major challenge. A federal judge has refused a request by school officials at Hudson High School in Hudson, Mass., to dismiss a lawsuit over the free speech rights of members of the school's Conservative Club. The lawsuit, which was filed in U.S. District Court by Rutherford Institute attorneys, charges that officials at Hudson High School violated students Christopher Bowler and James Milello's First Amendment rights when they censored their Conservative Club posters and discriminated against them on the basis of the club's conservative political viewpoint. In allowing the case to move forward, District Court Judge Patti Saris declared that "the administration's fear of disruption cannot support censorship of the posters." Hudson High School is, ironically, one of eleven pilot schools in the U.S. that participate in a "First Amendment Schools" program. First Amendment Affiliate Schools are part of a national network of K-12 public and private schools that agree to the guiding principles of the First Amendment and are committed to educating for freedom and responsibility.

"The sentiment expressed by Voltaire when he declared, 'I disapprove of what you say, but I will defend to the death your right to say it' is one that I would hope any American institution that cherishes free speech would support, especially a high school that claims to participate in a First Amendment program," stated John W. Whitehead, president and founder of The Rutherford Institute.

The case arose when Christopher Bowler and fellow student James Milello, responding to what they perceived as a persistent anti-Bush, anti-conservative environment at Hudson High School, formed the Hudson High School Conservative Club as a forum for pro-American, pro-conservative dialogue and speech and to advocate respect and tolerance for their conservative point of view at school. In the fall of 2004, school officials officially recognized the Conservative Club as a Hudson High School student club, which qualified them to meet on school property during non-instructional time, as well as have access to school facilities for club-related activities and place posters in authorized locations throughout the school. Bowler and Milello chose to affiliate their club with a national organization, High School Conservative Clubs of America (HSCCA), whose stated mission is "to support the United States Constitution, uphold the Bill of Rights, advocate the moral standards of our Founding Fathers, encourage traditional American values, and assist students to form chartered conservative clubs in high schools throughout the nation."

In an effort to publicize and promote the club and its meetings, club members prepared and placed ten posters, which included information about the club and a reference to HSCCA's website, on walls and bulletin boards throughout Hudson High School on Friday, Nov. 12, 2004. By the following Monday, school officials had removed seven of the ten club posters, allegedly out of a concern that they promoted violence and were anti-gay. School officials reasoned that because the posters referenced the HSCCA website, which contained references to visual depictions of beheadings by Iraqi insurgents and terrorists, the posters thereby promoted violence, were inappropriate and could not remain posted. Attorneys for The Rutherford Institute filed suit against Hudson High School in May 2005.