Re: chuckO - what's a girl to do?

From "y g" <>
Date Tue, 02 Nov 1999 02:45:42 GMT

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As someone who has had problems with distributing literature in school, 
here's what I've learned:

Threatening to contact the ACLU or just saying, "You can talk to my lawyer" 
seems to work just as well as actually having one.  ACLU usu. won't get 
involved unless it's a major case.  However, they will provide information 
on what is legal and illegal as far as free speech is concerned.

Last I checked (it's been a while) it was legal to hand out fliers as long 
as it didn't "create a disturbance" (long lines, etc.) and wasn't considered 
offensive (in language, not content).

Of course this usually doesn't stop school officials from doing whatever the 
hell they want anyway.  It is much more difficult to deal with this if you 
don't have your parents' support.  (The school usually knows it and reacts 

You can mail out fliers or stick them in mailboxes, though - just get it 
from the student directory.  Also I've found that threatening to contact the 
media is extremely helpful (but this was when the school was refusing to 
respond to blatant sexual harassment - something the media would go for a 
lot quicker than someone not being able to hand out fliers).

I did work with high school kids who organized counter-military recruting in 
their schools this is what I learned about equal access (stolen from
Equal Access is Required by Law
Federal district and appellate courts have repeatedly upheld Equal Access 
laws that enable students to get information on both sides of controversial 

In San Diego Committee v. Governing Board of Grossmont Union High School 
District [790 F.2d 1471 (9th Cir. 1986)] (  )

the 9th Circuit Court of Appeals ruled, "The Board cannot allow the 
presentation of one side of an issue, but prohibit the presentation of the 
other side.... Here, the Board permitted mixed political and commercial 
speech advocating military service, but attempted to bar the same type of 
speech opposing such service. Accordingly, the Board violated the First 
Amendment." (See also Searcey v. Crim [815 F.2d 1389 (11th Cir. 1987)].

As the 9th Circuit Court stated : "It has long been recognized that the 
subject of military service is controversial." When schools create a forum 
for the proponents of the military, they must, under the First and 
Fourteenth Amendments, provide equal access for those with opposing points 
of view. (for example: )Simply put: if you allow military recruiters and/or 
military literature in your school, the law requires you to provide equal 
access to critics of the military. If you fail to provide equal access, your 
district is subject to expensive and controversial lawsuits.
good to know, eh?


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