Is Freedom of Speech Being Suppressed in High School?

Diem Lam

Newark, NJ- A junior at Columbia High School in Maplewood is suing the School District of Maplewood/South Orange for violating her First Amendment right to free expression.

The student’s problems began on June 2, 2000 when she decided to express herself with a t-shirt containing the words, “Proud to be an Atheist.” She was confronted by her teacher, David Kasper, who sent her to the principal’s office. He reportedly told her that she was “going straight to hell.”

Upon the meeting with the school’s principal, Jan Gorlin, first requested then demanded the student change her shirt in the girl’s locker room. When she refused Gorlin, he allegedly told her that “we all believe in God at this school – there’s no room for someone like you here.” Columbia High School is a public school.

Following the refusal, the student’s parents were notified and the student was removed from the building by a security guard. The student claims that she was pushed and shoved until she was out of the building. She was later suspended for three weeks.

The decision for suspension was upheld by the School District who reasoned that the school officials have a right to run the school and to maintain order. Eileen Bauer, the District’s attorney declares that, “The courts have no authority to manage the day-to-day operations of a school.”

The student is suing to overturn her suspension. She asserts that the shirt did not disrupt her classes, “Only a couple of people even noticed the shirt – I made it through two classes before Mr. Kasper saw me.” She is also seeking compensatory damages and punitive damages from the School District.

Both parties are trying to work out a settlement; however, the District insists that the student serve her entire suspension and that she never wears the t-shirt in question to school again. The student’s attorney, Nicholas Sullivan has rejected the offer.