June 17, 2014 – The ACLU of Oregon announced today that it has settled a lawsuit against the Scappoose School District on behalf of a high school student and her mother over a policy that had prohibited any communications about the school’s dance team by team members or their families.
Under the terms of the settlement, the district agreed that its social media policy had violated the free speech rights of students and their parents. In response to the ACLU’s lawsuit, the school district withdrew the policy in January and worked with the ACLU to finalize an appropriate settlement that included a written apology sent in a recent newsletter to the school community.
The speech and social media policy had been instituted for the 2013-14 Dance Team season intending to promote sportsmanship and curb bullying. However, the over-reaching language of the policy had prohibited dance team members and parents from any communication made “verbally or written via social media” regarding any aspect of the dance team or face punishment. Marissa Harper, a dance team member for two previous seasons, and her mother, Alicia Harper, had refused to sign the policy because of concerns that such broad language would violate free speech rights. Their attempts to work with school officials to address those concerns failed, so the Harpers turned to the ACLU for help.
“I was especially concerned that the policy wording prohibited a team member or parent from bringing serious problems, such as abuse, to the attention of school administrators,” said Alicia Harper, mother of Marissa. “I am proud of my daughter for standing up for a principle we believe in. She sacrificed being on the Dance Team, an activity she loved, to do the right thing.”
The ACLU filed the lawsuit on behalf of the Harpers in December 2013 after attempts to communicate with school officials about the policy were ignored. In the meantime, Marissa was facing harsh criticisms from classmates for standing up for her rights. One student even physically assaulted her because of her position.
“It is ironic that in challenging a policy aimed at promoting sportsmanship, Marissa was treated by many in her community in a most appalling and unsportsmanlike way,” said ACLU of Oregon Legal Director Kevin Díaz. “I hope the Scappoose school community comes to understand the important service Alicia and Marissa Harper provided. We all lose when public policies diminish free expression rights. It takes a lot of courage to stand up against school authorities.”
Once school officials realized the seriousness of the issue, they were quick to withdraw the problematic policy and cooperated in reaching an agreement to settle the lawsuit. In a recent electronic newsletter to the entire school community, school officials expressed “regret for the former policy” and the desire to “move forward in an environment where student speech is appropriately supported.”
In addition to rescinding the flawed policy and communicating with the school community, the Scappoose School District paid $25,000 to the ACLU Foundation of Oregon as partial compensation of attorney time expended to file the lawsuit. Cooperating attorneys Darin Sands, Anthony Stark, and Whitney Button of the Lane Powell law firm in Portland volunteered their services to the ACLU to represent the Harpers.
Sportsmanship policy restricts all communication about team, violates Constitution
December 18, 2013 - When Marissa Harper planned for her junior year at Scappoose High School, she was excited about participating in the school’s Vision Dance Team as she had in her freshman and sophomore years. Since she was a small child, dance has been her primary extra-curricular activity and has always played an important role in her life. However, when Marissa and her mother, Alicia Harper, prepared to sign the required application to participate on the team, they were shocked to see a new policy that prohibited dance team students and parents from any communication regarding any aspect of the dance team made “verbally or written via social media.”
Alicia was concerned these restrictions went too far. She brought them to the attention of school officials but no steps were made to change the policies. Alicia and Marissa knew that they couldn’t sign the agreement giving up their rights to free speech and expression. They also knew it meant Marissa would not be able to try out for the dance team.
Out of options, Alicia contacted us for help to protect her and her daughter’s rights. The ACLU protects the constitutional rights of all people, including students. ACLU of Oregon Legal Director Kevin Díaz is very concerned by the dance team policies saying:
“The rules are written so broadly and in such vague terms that the effect is to prohibit dance team members and their parents from making any comments about the dance team and face punishment if they do. To condition participation in a school activity with acceptance of these restrictions about speech is called a ‘prior restraint’ on speech and is unconstitutional.”
We reached out to the school officials but received no response. On Monday, we filed a lawsuit to ask a court to declare that the Scappoose Dance Team policies regulating speech violate the Harpers’ First Amendment rights to free speech and to stop the school and dance team coach from enforcing the unconstitutional policies.
As declared in the landmark Supreme Court decision Tinker v Des Moines in 1969, neither teachers nor students "shed their constitutional rights... at the schoolhouse gate. … In our system, state-operated schools may not be enclaves of totalitarianism... students are ‘persons' under our constitution."
We read the policies in question as preventing those who agree to them from saying anything to anyone about the school dance team, including communications to school administrators related to the treatment or experience of students on the dance team, statements in support of the team, and reporting on recent wins - whether made at school or in the privacy of someone’s own home.
We filed this action in the U.S. District Court in Portland. In addition to Kevin Díaz, cooperating attorneys on the case are Darin Sands, Anthony Stark and Whitney Button of Lane Powell, PC.