Torrey Pines High School suspended an unidentified student hours after they hung pro-ICE posters on campus, and now faces a free speech controversy.
The hand-scrawled posters said “We love I.C.E.,” and were signed “real Americans.”
A Feb. 27 notice from the school to the student’s guardians said the student was suspended for directing harassment, threats or intimidation toward district staff or other students.“(Student) was caught on camera posting flyers in the learning commons and in hallways that stated, ‘I love ICE, from Real Americans,'” it said. The one-day suspension was scheduled for March 2.
The school, in its notice, cited the state law protecting student free speech, specifically noting that it prohibits speech that “incites pupils so as to create a clear and present danger,” either from unlawful acts or substantial disruption of school. It said the San Dieguito Union High School District’s policy prohibits conduct that creates a hostile or intimidating environment.It concluded the “fighting words” doctrine, a free speech limitation from a 1942 Supreme Court case, could be used to restrict speech intentionally used to provoke a violent reaction or target a marginalized group’s right to be on campus.The suspension has been promoted by social media accounts objecting to the school’s decision. They’ve presented a photo of the sign alongside images of a separate student walkout protesting ICE on campus that occurred weeks earlier, on Feb. 6. Signs at that protest included one that said “If you’re an ICE agent ya mom’s a hoe!”
In a statement issued Thursday, a district spokesperson said it could not comment on confidential student discipline issues.The statement nonetheless drew a distinction between the district’s commitment to free speech and its rules prohibiting discrimination and harassment.
“Some online commentary has suggested that students were disciplined because of their political views, but that claim is inaccurate — the district does not discipline students because of their political viewpoints,” the statement read. “The district promotes all lawful exercise of free speech and students’ rights to express their viewpoints while also maintaining school campuses that are safe, orderly, and respectful learning environments for everyone.”But the statement pointed to other rules it said did apply.
“However, we note that schools do have rules that govern student conduct and campus safety, including policies that prohibit discrimination and harassment,” it read. “These rules exist to help ensure a safe learning environment for all students and are applied consistently and equitably.”
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