Policy Violates Right to Free Speech and Equal Protection

New Berlin Residents and ACLU Sue School District over Ban on Political Speech

January 20, 2004

Today, eleven New Berlin residents went to federal court to challenge their school district’s ban on candidate forums and other political programs on school property. The American Civil Liberties Union of Wisconsin Foundation and cooperating counsel David Loeffler, of the Milwaukee law firm of Krukowski & Costello, filed the lawsuit alleging that the School Board violated the free speech and equal protection rights of New Berlin citizens. According to the complaint, once the school district opened its buildings for use by a variety of community groups, it could not prohibit informational activities by groups wishing to convey messages about elections and candidates for office.

For years, candidates for public office and groups supporting them have participated in educational forums held in New Berlin schools after school hours. But in June, the New Berlin School Board adopted a policy prohibiting any programs involving candidates or political platforms. Only political programs are barred: the policy lets other community groups use school property.

Chris Ahmuty, executive director of the Wisconsin ACLU, said: “It is unfair to discriminate against citizens who want to convey their political beliefs, while allowing other groups, including religious groups, to use the schools to express their views.” “Political speech is at the core of the First Amendment,” said Attorney Loeffler. “Public debate about candidates and issues is essential to the functioning of a democratic government.”

Linda Richter, a former New Berlin School Board member and a plaintiff in the case, said that she was disturbed about the message the policy sends to students: “I feel this policy decreases participation by students and others in the political process. The schools should be teaching that a government of the people, by the people, for the people needs knowledgeable, actively involved citizens, including the young citizens in our schools.”

ACLU Legal Director Laurence Dupuis explained the ACLU’s involvement by quoting U.S. Supreme Court Justice Antonin Scalia: “We acted to protect ‘the most important (and most perennially threatened) category of speech: electoral speech.’ The ACLU wants to ensure that the people of New Berlin, including students, can use public facilities to debate the issues of the day and the qualifications and positions of candidates for public office.”