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nyack students stand up!
On Thursday, May 23, an attempt by the students of Nyack High School in Nyack, NY to utilize their constitutionally guaranteed right to free speech was shut down. When the students attempted to peacefully and with the permission of the administration, distribute literature from a pro-peace viewpoint, they were met with opposition not only by ultra-nationalist members of the student body, but by elements of the administration as
well.
Recently, a number of students at Nyack High School have become concerned with the building atmosphere of militarism in American society. When the school announced that representatives of the military would be coming to distribute information, we concluded that in the interests of a democratic and intellectually open environment, it was necessary to present to the
students of the high school more than one perspective on the American military and its involvement in Afghanistan. We felt that the most efficient
and non-disruptive way to accomplish this would be to distribute pamphlets and other literature from an antiwar and antimilitarist standpoint (including YSA literature) on the day that representatives from the Armed Forces were visiting our school.
In the interests of making the affair as non-confrontational and peaceful as possible, I asked the permission of the principal on Monday, May 20,
two days before the military representatives were slated to arrive.
In my conversations with Principal Aliberto, she expressed her concern that our distribution of literature might become confrontational. I repeatedly assured her that those of us involved in the distribution simply
desired to offer an alternative viewpoint to that presented by the military, and were in no way interested in fostering a confrontation or disruption. We finally agreed that in the interests of compromise and maintaining
peace within the school that we would put off our activity until Thursday, May 23, the day following the military's visit. Principal Aliberto gave us permission to distribute our literature from fourth to eighth period in the main hallway. In our discussions, she assured me that in the event of a disruption of our activity there would be school security guards present to protect those distributing the literature.
On the day of May 23, we set up a table at the beginning of fourth period. We began handing out literature shortly thereafter. At the end of fourth period and the beginning of fifth period, those handing out literature were approached by several students. These students began yelling at and insulting those of us manning the table.
We were repeatedly called “anti-American,” “traitors,” and “commie bastards,” and one of us was
repeatedly referred to as a “fat whore.” None of those at the table responded to these insults in anything other than a reasonable and calm tone.
Shortly thereafter, Assistant Principal Marie Montanez left her office, disturbed by the noise. However, rather than reprimanding those students causing the disruption, she told us that we had to shut down our table,
as we were responsible for causing “disorder.” The students who had confronted us walked away, leaving us to face the consequences of their actions. It was
only then that the security guards intervened. Despite our informing both Mrs. Montanez and Mrs. Aliberto that we were not responsible for the disturbance, our table was shut down after only one period of operation
due to our supposed interference with the functioning of the school.
We did all that was possible within the confines of the situation to maintain the peace. Students who had planned to distribute information had all previously committed to being non-confrontational. We at all times
showed willingness to compromise and avoid
confrontation, yet we were not shown the same respect. Several Nyack High School students demonstrated extreme intolerance, and as a result we were denied the
previously agreed upon right to voice our opinions. Had someone showed similar disrespect to the representatives of the military, the military
would not have been ordered to shut down and leave. We only asked that the same standards and rules of behavior be applied to everyone. We only asked
that the students of Nyack High School be allowed their First Amendment rights.
The right to freedom of speech in a public school environment has been established by the Supreme Court in the case of Tinker v. des Moines Independent Community School District, 393 U.S. 503. In this court
case, the Supreme Court ruled that students had the right to express their opinions as long as in the act of expression they are not “materially and substantially
interfering with appropriate discipline in the operation of school.”
The matter is further clarified in the case of Sullivan v. Houston Independent School District, 307 F. Supp. 1328, in which the ruling states that if a student should distribute literature in an “orderly, non-disruptive
manner, then he should not suffer if other students, who are lacking in self-control, tend to over-react, therefore becoming a disruptive influence.”
My fellow students and I were not content with the Principal Aliberto’s decision. Believing that we had the Constitution on our side, we resolved to fight the administration for our rights. We sent letters to both
Principal Aliberto and the Nyack School Board, detailing the events of May 23 from our perspectives, and calling for us to be allowed our rights. In addition, the local newspaper, the Journal News, quickly picked up on the story and published an article.
Finding herself faced not only with pressure
from the school board but also with condemnation from the student body and progressive elements of the population of Nyack, the principal retreated from her
position.
The events of that Thursday were not merely a single incident or the exception to the rule. In these days of war and terror, dissenting political opinions have increasingly been met with intolerance. This is
supposedly done out of love for liberty and American democracy, but represents the rejection of the basic principles upon which democracy is based. In a
haste to defend our ideals of freedom and justice, we are rejecting these very ideas in practice. However, what occurred in my school proves that this can be fought. Through unity and perseverance, we were able to defend our rights against those who would take them away, and, as a result, emerged a stronger and more politically aware group.
The article above was written by Ben Korn, who is the Co-President of the Student League for Social Justice at Nyack High School.
