DUBLIN, Ohio (WCMH) -- A top Ohio civil liberties group says Dublin City Schools restricted a student's free speech when she was prohibited from carrying out her project about transgender activism, raising "serious First Amendment concerns."
In an August letter to Dublin schools Superintendent John Marschhausen, the ACLU of Ohio argues Dublin Jerome High School administrators unlawfully constrained senior Corinne Embi last May when she was completing her final assignment for a women's studies class. The group cited Tinker v. Des Moines, a 1969 U.S. Supreme Court case that said students don't "shed their constitutional rights to freedom of speech" at the school door.
"Public schools may not restrict student expression merely because they disagree with it or find the message controversial," said ACLU of Ohio senior staff attorney Amy Gilbert in a statement. "It has been well established that school censorship of political speech and viewpoint discrimination are unconstitutional under the First Amendment."
Summit Station, Ohio’s first lesbian bar, to be honored in documentaryThe ACLU is urging Marschhausen to review policies governing student expression, to ensure "your school officials respect the constitutional rights of all students."
In a statement, a Dublin schools spokesperson said the district is "aware of the concerns raised by the ACLU regarding a recent situation involving a student's right to free expression."
"Dublin City Schools is firmly committed to protecting the constitutional rights of all students, including their right to expression," the statement said. "We take these concerns seriously and are reviewing our current practices and policies to ensure they align with the law and uphold the rights of every student in our district."
Students in the women's studies course were to create an action plan addressing "a current social, political or economic issue facing women." The ACLU said Embi's project on trans issues, which was approved by the class teacher, examined the rise of related legislation at the Ohio Statehouse, like a recent law banning certain medical treatment for youth.
"I've been very much hurt by this anti-trans legislation, and I've been hurt by the rampant transphobia that's been, like, growing," Embi said in a previous NBC4 interview. "And like in young men, especially, it's just made for a very uncomfortable high school experience for me."
Rainbow crosswalk near Ohio State restored after vandalism incidentLooking to take the project beyond the classroom, Embi organized a show of support for the trans community where students and faculty could come to school dressed in pink, white and blue -- the colors of the trans Pride flag. She also planned to hold a teach-in after the school day to talk about the legislation and "action people could take in response," the ACLU said.
The senior received approval in late April to post flyers advertising the show of support and teach-in, both set to occur on May 9. However, on or around May 1, school officials took down the flyers and told Embi she could no longer host the teach-in on school grounds or organize the pink, white and blue day given "the district's policy for limiting disruption through demonstration."
Embi moved to distribute "trans wristbands" to other students, a request also denied because the bracelets weren't "related to current course of study." She was then told on or about May 9 that she could no longer present her trans issue project to the class -- a decision that impacted all students in the course, as the presentation component of the assignment was removed from the rubric.
In a statement at the time, Dublin schools said "concerns raised were not about the content of the [Embi's] project, but rather the distribution of promotional materials throughout the school prior to completing the required approval process."
"The promotional flyers were distributed before the necessary steps were completed. LGBTQ+ student organizations across our district regularly promote events and activities without issue by following these same procedures," the May statement said. "Regarding the project presentation, it is our understanding that the presentation component was removed from the rubric for all students in the class."
Out in Ohio: Columbus launches LGBTQ+ commission, Human Rights Campaign kicks off national tourThe district noted Embi and other students were later permitted to wear shirts and bracelets "as a form of peaceful expression, without restriction or interference from school administrators."
Ultimately, Embi reserved a meeting room at a local library to present the project. The ACLU contends the school district "exceeded its constitutional authority" in prohibiting Embi from distributing the wristbands and presenting her project.
"The school's motive in doing so was clearly in response to an anticipation of potential discomfort or controversy over Corrine's transgender activism project," Gilbert wrote in the letter. "If the purpose of an official's act is to effect viewpoint discrimination, it is subject to strict scrutiny even if the act is facially neutral."
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