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NEW BERLIN SCHOOLS OPEN TO FREE SPEECH AGAIN
Settlement Allows Political Speech on School Grounds,
Prevents Government Interference with Speakers or Program
FOR IMMEDIATE RELEASE
May 23, 2005
Contact:
Laurence J. Dupuis, ACLU-Wisconsin Foundation, (414) 272-4032 ext. 12
David Loeffler, Krukowski & Costello, (414) 423-1330
Joan Pray, (262) 789-7673
In a victory for freedom of speech, 11 New Berlin citizens represented
by the American Civil Liberties Union of Wisconsin applauded the New Berlin
School Board’s vote to settle a lawsuit that accused the School
District of stifling political speech – first by banning it entirely
from school facilities and later by dictating who must be allowed to speak
at private functions held on school grounds. In the settlement, the School
District agreed that it will allow New Berlin groups to use school buildings
to hold political speeches, forums and debates and will not force those
groups to invite speakers with whom they disagree.
“School buildings are public property and should be open to the
people for discussion of important political topics, including who should
represent us in public office,” said Joan Pray, a New Berlin resident
and one of the plaintiffs in the case against the District. Former New
Berlin School Board member William Moore, another of the plaintiffs and
a newly elected alderman, said, "I am especially pleased that New
Berlin students and citizens can again freely exercise their first amendment
rights of freedom of speech and assembly by participating in our political
process and have seen a positive example of our Constitution at work.
I hope the School Board now understands that New Berlin citizens will
not stand idly by when they trample on those hard-won rights."
The board changed its policy in June 2003, initially saying they hoped
to prevent controversial groups from using the schools for meetings. After
many months of citizens requesting that the policy changes be rescinded,
a group of residents turned to the ACLU for assistance. In January 2004,
the ACLU of Wisconsin Foundation and cooperating attorney David Loeffler
of the Milwaukee law firm of Krukowski & Costello filed a lawsuit
in federal court on behalf of the 11 plaintiffs to challenge the district’s
ban on candidate forums and other political programs on school property.
According to the complaint, once the school district opened its buildings
for use by a variety of community groups, it could not prohibit expressive
activities by groups wishing to convey messages about elections and candidates
for office. The next month, the District changed the policy to allow political
forums, but required that any person or group hosting a political event
invite all candidates for office.
“The Supreme Court has made clear that the government can’t
tell private groups whom they must invite to their public events,”
said Attorney Loeffler. “This settlement restores to New Berlin
residents the right to use school buildings after hours for political
meetings and to decide who they will associate with and who will speak
for them.”
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