Arab Student Union Wins D.C. Public School Guideline Changes in Settlement of Pro-Palestinian Speech Censorship Lawsuit

Washington—The Arab Student Union (ASU) at Jackson-Reed High School, represented by the American Civil Liberties Union of the District of Columbia (ACLU-D.C.), today settled a lawsuit challenging their school administration for unlawfully censoring the student club’s pro-Palestinian speech. As part of the settlement, the ASU has won significant free speech guideline changes for all student clubs at District of Columbia Public Schools (DCPS).

On April 24, 2024, the ASU at Jackson-Reed High School filed a lawsuit alleging that the administration violated the students’ First Amendment rights and their rights under the federal Equal Access Act and the D.C. Student Bill of Rights. The lawsuit detailed how the administration of Jackson-Reed High School barred the ASU, a recognized student club at the public school, from engaging in activities similar to those that other student groups organize at the school, such as showing movies, putting posters on walls, and distributing a pamphlet. On May 8, 2024, the ASU and the school administration reached an interim agreement that finally allowed the ASU to show a pro-Palestinian documentary and distribute an educational handout about Palestinian culture, among other concessions.

After months of negotiations, DCPS issued a document titled “School Organizations and Clubs Guidance,” which details that a “school must not deny events, materials, or other media based on the contents of the student organization’s proposed expression or message but may deny the request if there is evidence that the organization’s communications will cause a material and substantial disruption in school operations.” This guidance is a standard derived from Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), a landmark Supreme Court case that affirmed students’ First Amendment free speech rights at public schools. With these guideline updates now in place and with the 25-26 school year in full swing, the ASU agreed to dismiss their lawsuit against the school.

“These guideline changes are a win for public education and free expression in the District of Columbia,” said Arthur Spitzer, Senior Counsel at ACLU-D.C. and lead attorney in the case. “Public school administrators are charged with facilitating student education, not censoring ideas they don’t agree with.”

“We can’t learn through silence. I am proud that we fought for our rights and that student clubs across D.C. public schools can now express their views without the fear of being censored by powerful adults,” said a representative of the Arab Student Union, who remains anonymous in court documents.

More information on the settled lawsuit, Arab Student Union of Jackson-Reed High School v. District of Columbia, may be found here: https://www.acludc.org/cases/arab-student-union-jackson-reed-high-school-v-district-columbia-challenging-suppression-pro/