Student Thinks School Violated 1st Amendment Rights
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
Austin Brenneman, a WCHS senior and president of the WCHS "Young Americans for Liberty" chapter, e-mailed the Times-Union Tuesday morning informing the newspaper he and approximately 10 other members of the organization had plans during their lunch hour Tuesday afternoon to hold a planned demonstration.
Brenneman invited the Times-Union to report on the event Tuesday and said the group planned to distribute flyers and stickers and talk to their peers regarding their concerns of Obama's policies outside the WCHS cafeteria.[[In-content Ad]]"Young Americans for Liberty" is the continuation of Ron Paul's youth campaign, Students for Ron Paul, and was officially endorsed Dec. 2 by Paul. The organization seeks to recruit, train, educate and mobilize students on the ideals of liberty and the Constitution.
There are various "Young Americans for Liberty" chapters throughout the United States that took part in demonstrations at their schools Tuesday according to www.yaliberty.org/change
The students did not have their demonstration.
Brenneman stated the plan to distribute the materials to their peers did not go as planned when WCHS Assistant Principal Steve Ferber walked into his fifth-period class Tuesday morning while the students were watching the inauguration before their lunch hour. Brenneman said he was taken to Ferber's office and was asked to bring a box of materials he had planned to distribute to his peers during the lunch hour to the office with him.
The box included a small booklet of facts about the U.S. Constitution; two stickers that had "Young Americans for Liberty" emblems that said "You'll be disappointed" and "Not Change" with a photo of Obama; a "Young Americans for Liberty" bumper sticker; and a flyer that stated "Don't be fooled by rhetoric and appeal. One day is enough. It's time for change."
Brenneman said he received the materials from the national "Young Americans for Liberty" campaign to distribute.
After Ferber and Tom Kline, WCHS director of secondary curriculum, reviewed the items, Kline said Brenneman was asked to leave the materials in Ferber's office until school let out Tuesday. Brenneman was advised the proposed demonstration could be disruptive to the school and would not be allowed, according to Kline in a phone interview Wednesday afternoon.
"Very simply, the organization did not have approval from the administration to distribute materials and there was a fear that the school would be disrupted if the materials were passed out," Kline said. "The young man (Brenneman) seemed to understand why the demonstration could not be held. He was polite and promised not to distribute the items."
The items were returned Tuesday after school to Brenneman with the condition that he would not distribute them or bring them back to school. Brenneman said he agreed to the stipulations.
Brenneman said he was informed the administrators thought it was inappropriate timing to hold a demonstration and that it could cause an disturbance.
"I understood that to a certain extent, but I wasn't going to hold the demonstration to cause any problems. I wasn't trying to hold a rally. I was strictly trying to expose policies and I wasn't doing it during class or trying to interrupt the learning experience," Brenneman said.
Brenneman said he informed administrators that he is a state delegate to the Indiana Republic Convention and had campaigned for Ron Paul in Iowa.
"I didn't think it would be anything that would cause problems. It was just going to be our group handing out flyers in the hallway," Brenneman said.
Ralph Bailey, WCHS interim superintendent, provided to the Times-Union the school's policies regarding special interest materials-advertising that states the policy was reviewed Nov. 11, 1996, and April 12, 1999.
WCHS's policy 204, in reference to special interest materials-advertising states in general, supplementary printed materials from commercial, political, religious or other non-school sources should have the approval of the administration before being used in the schools.
The policy states the approval may be given to materials which are obvious educational quality, which are timely and up-to-date, and which promote American democratic ideals and values. The policy also states advertising materials of commercial, political, or religious nature should not be displayed or distributed in the schools or on the school grounds. It states pupils may not be used as the agents for distributing non-school materials to the homes without the approval of the superintendent.
Brenneman said the organization had planned since the middle of December to hold the demonstration when the national chapters informed the state chapters of the opportunity to distribute materials.
He said WCHS's chapter started on Facebook in December.
Brenneman said he looked at the school's handbook prior to the proposed demonstration and he didn't see anything that stated the group would have to inform administrators prior to holding the demonstration.
"We didn't plan on posting flyers on the walls or bulletin boards, and it wasn't a campaign," Brenneman said.
He said the purpose of the demonstration was to put the Constitution information booklet in student's hands so they could see government had a rule book.
"The goal was to basically peel back the marketing of what Obama's so-called change is, and we wanted to expose to students that everything he says in his commercials and what you hear in the media might not necessarily be true," Brenneman said.
Brenneman said the organization had distributed politically oriented materials in the past at the school.
Brenneman said in the past he distributed campaign materials to peers and teachers and got signatures to make sure Ron Paul was on the ballot in Indiana in May during the primary in support for Students For Ron Paul. He said he did not inform administrators and there were no complaints.
Brenneman said now that he knows he is not allowed to distribute the items at this point. However, in the future, he will see what the administration's decision is with materials the group may want to distribute.
"I don't feel we were violating any of the rules as far as laws. I understood school policy and their concerns because I could see how it could cause problems if I was doing it in an improper manner, but the fact that I was just going to be passing out the flyers in the hallway and not an in your face approach, I don't think that would cause problems," Brenneman said.
"I understand the policy, but my problem is I think the demonstration would have been free speech, the demonstration would not have been slander. I wasn't attacking Obama as a person or undermining the significance of the inauguration. I have great respect for Obama as a person. He's accomplished a whole lot from serving as state senator to president," Brenneman said.
He said he still feels like his rights were violated by not being allowed to distribute the materials.
"Although I understand it is school policy, I don't think it is the law, and I think it is violating my First Amendment right by prohibiting me from distributing these materials at the time I planned," Brenneman said.
Austin Brenneman, a WCHS senior and president of the WCHS "Young Americans for Liberty" chapter, e-mailed the Times-Union Tuesday morning informing the newspaper he and approximately 10 other members of the organization had plans during their lunch hour Tuesday afternoon to hold a planned demonstration.
Brenneman invited the Times-Union to report on the event Tuesday and said the group planned to distribute flyers and stickers and talk to their peers regarding their concerns of Obama's policies outside the WCHS cafeteria.[[In-content Ad]]"Young Americans for Liberty" is the continuation of Ron Paul's youth campaign, Students for Ron Paul, and was officially endorsed Dec. 2 by Paul. The organization seeks to recruit, train, educate and mobilize students on the ideals of liberty and the Constitution.
There are various "Young Americans for Liberty" chapters throughout the United States that took part in demonstrations at their schools Tuesday according to www.yaliberty.org/change
The students did not have their demonstration.
Brenneman stated the plan to distribute the materials to their peers did not go as planned when WCHS Assistant Principal Steve Ferber walked into his fifth-period class Tuesday morning while the students were watching the inauguration before their lunch hour. Brenneman said he was taken to Ferber's office and was asked to bring a box of materials he had planned to distribute to his peers during the lunch hour to the office with him.
The box included a small booklet of facts about the U.S. Constitution; two stickers that had "Young Americans for Liberty" emblems that said "You'll be disappointed" and "Not Change" with a photo of Obama; a "Young Americans for Liberty" bumper sticker; and a flyer that stated "Don't be fooled by rhetoric and appeal. One day is enough. It's time for change."
Brenneman said he received the materials from the national "Young Americans for Liberty" campaign to distribute.
After Ferber and Tom Kline, WCHS director of secondary curriculum, reviewed the items, Kline said Brenneman was asked to leave the materials in Ferber's office until school let out Tuesday. Brenneman was advised the proposed demonstration could be disruptive to the school and would not be allowed, according to Kline in a phone interview Wednesday afternoon.
"Very simply, the organization did not have approval from the administration to distribute materials and there was a fear that the school would be disrupted if the materials were passed out," Kline said. "The young man (Brenneman) seemed to understand why the demonstration could not be held. He was polite and promised not to distribute the items."
The items were returned Tuesday after school to Brenneman with the condition that he would not distribute them or bring them back to school. Brenneman said he agreed to the stipulations.
Brenneman said he was informed the administrators thought it was inappropriate timing to hold a demonstration and that it could cause an disturbance.
"I understood that to a certain extent, but I wasn't going to hold the demonstration to cause any problems. I wasn't trying to hold a rally. I was strictly trying to expose policies and I wasn't doing it during class or trying to interrupt the learning experience," Brenneman said.
Brenneman said he informed administrators that he is a state delegate to the Indiana Republic Convention and had campaigned for Ron Paul in Iowa.
"I didn't think it would be anything that would cause problems. It was just going to be our group handing out flyers in the hallway," Brenneman said.
Ralph Bailey, WCHS interim superintendent, provided to the Times-Union the school's policies regarding special interest materials-advertising that states the policy was reviewed Nov. 11, 1996, and April 12, 1999.
WCHS's policy 204, in reference to special interest materials-advertising states in general, supplementary printed materials from commercial, political, religious or other non-school sources should have the approval of the administration before being used in the schools.
The policy states the approval may be given to materials which are obvious educational quality, which are timely and up-to-date, and which promote American democratic ideals and values. The policy also states advertising materials of commercial, political, or religious nature should not be displayed or distributed in the schools or on the school grounds. It states pupils may not be used as the agents for distributing non-school materials to the homes without the approval of the superintendent.
Brenneman said the organization had planned since the middle of December to hold the demonstration when the national chapters informed the state chapters of the opportunity to distribute materials.
He said WCHS's chapter started on Facebook in December.
Brenneman said he looked at the school's handbook prior to the proposed demonstration and he didn't see anything that stated the group would have to inform administrators prior to holding the demonstration.
"We didn't plan on posting flyers on the walls or bulletin boards, and it wasn't a campaign," Brenneman said.
He said the purpose of the demonstration was to put the Constitution information booklet in student's hands so they could see government had a rule book.
"The goal was to basically peel back the marketing of what Obama's so-called change is, and we wanted to expose to students that everything he says in his commercials and what you hear in the media might not necessarily be true," Brenneman said.
Brenneman said the organization had distributed politically oriented materials in the past at the school.
Brenneman said in the past he distributed campaign materials to peers and teachers and got signatures to make sure Ron Paul was on the ballot in Indiana in May during the primary in support for Students For Ron Paul. He said he did not inform administrators and there were no complaints.
Brenneman said now that he knows he is not allowed to distribute the items at this point. However, in the future, he will see what the administration's decision is with materials the group may want to distribute.
"I don't feel we were violating any of the rules as far as laws. I understood school policy and their concerns because I could see how it could cause problems if I was doing it in an improper manner, but the fact that I was just going to be passing out the flyers in the hallway and not an in your face approach, I don't think that would cause problems," Brenneman said.
"I understand the policy, but my problem is I think the demonstration would have been free speech, the demonstration would not have been slander. I wasn't attacking Obama as a person or undermining the significance of the inauguration. I have great respect for Obama as a person. He's accomplished a whole lot from serving as state senator to president," Brenneman said.
He said he still feels like his rights were violated by not being allowed to distribute the materials.
"Although I understand it is school policy, I don't think it is the law, and I think it is violating my First Amendment right by prohibiting me from distributing these materials at the time I planned," Brenneman said.
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