Pewaukee Yearbook Photo Controversy Requires Balancing Act and Action

June 2, 2004

Milwaukee, WI - The case of a Pewaukee High School senior, who submitted a yearbook picture showing himself with a rifle and a confederate flag, raises a conflict between the school's obligation to maintain an environment where all can learn and the student's right to free speech, says the American Civil Liberties Union of Wisconsin. The school has asked him to provide another picture.

"No student should suffer any hurt or penalty for any idea expressed in the course of participation in class or school activities. Restrictions may be tolerated only when they are employed to forestall events, which would clearly endanger the health or safety of members of the school community or clearly and imminently disrupt the educational process," said Chris Ahmuty, Executive Director of the ACLU of Wisconsin today.

"Neither the faculty advisors nor the principal should prohibit the inclusion of material for publication except when such publication would clearly endanger the health or safety of the students, or clearly and imminently threaten to disrupt the educational process," Ahmuty added.

"The constitutionality of the school's actions in Pewaukee come down to two factual questions. First, does the school have a history of racial tension or violence that justifies school administrators' concerns? Second, did the school open up the yearbook to personal expression? If the first question is answered in the affirmative, then the school, according to recent court decisions, can restrict images of the confederate flag or guns. If the first question is answered in the negative and the second in the affirmative, then the school has no business refusing to accept a photo, even if it is offensive," he added.

"Whatever the facts are in Pewaukee, there is nothing to prevent the school district from expressing its opinion. It could and should indicate that students should not bring guns into any school setting or activity without appropriate supervision. It should also indicate that the confederate flag is regarded by many as a symbol of intolerance and bigotry and that intolerance and bigotry are contrary to the civic values taught by the school," Ahmuty concluded.