On The Front Lines
Rutherford Institute Attorneys File First Amendment Lawsuit Against Mass. School for Censoring Politically Conservative Student Club Posters
BOSTON, Mass. -- Attorneys for The Rutherford Institute have filed suit in U.S. District Court for the Eastern Division of Massachusetts in defense of the First Amendment rights of a high school student whose promotional posters for an extracurricular club were removed and censored by school officials because of their conservative political viewpoint. In their complaint, Institute attorneys charge that by censoring Christopher Bowler's Conservative Club posters, officials at Hudson High School in Hudson, Mass.--one of only eleven pilot schools in the U.S. that participate in the "First Amendment Schools" program--violated Bowler's First Amendment right to free speech and expression and discriminated against him and the Conservative Club on the basis of the club's political viewpoint. 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.
Responding to what they perceived as a persistent anti-Bush, anti-conservative environment at Hudson High School during their junior year in high school, Christopher Bowler and fellow student James Milello 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 of hostages by Iraqi insurgents and terrorists, the posters thereby promoted violence, were inappropriate, and could not remain posted. In filing a First Amendment lawsuit against Hudson High school officials, Institute attorneys are asking the court to rule that school officials violated Christopher Bowler's constitutional rights and order the school to allow the Conservative Club posters to be displayed without censorship.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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