Selective Incorporation: student blog on 1st and 14th Amendment

14 April 2008

High school students denied right to assemble at a Bill Clinton assembly

According to a news station broadcast in Terra Haute, Indiana, a young girl and some of her classmates were denied the opportunity to attend an assembly featuring former president Bill Clinton at South Vermillion High School on Friday the 11th of April.

The mother of the student feels her daughter's 1st Amendment right to assemble was violated, and told the news station that she has contacted the American Civil Liberties Union. Her daughter Kristen, 15, is a special needs student with cerebral palsy. The school district offered a written statement saying it was in the best interest for the students to participate in alternate activities.

My biggest question with this story is why the mother was not able to get her child and take her to the assembly. She said the doors were locked and the lights were out. Was she able to call the school? Did they not answer the phone?

The constitutional issue, however, is whether or not the students' right to assemble was violated? I do not wish to be disrespectful in anyway, and only to consider the issue. The students were definitely not able to attend the assembly because of the actions of the school. The school I think would have a difficult time convincing a court that they indeed had a compelling interest due to these "extenuating circumstances," but it is arduous to decide without further information, or specifics. Perhaps the location and the large crowd made it more difficult to accommodate the special needs of these students, such as wheelchair ramps not being available. Other questions that may arise might deal with the fact that the mother was not able to pick her daughter up and take her herself.

Were all students required to go? If so, did this violate some of the students' right to not assemble? Judging by the information given by WHTI it appears students could opt-out of attending, and some chose to.

That leaves me with the most controversial question and one that would not reasonably be argued in court: Does the school district, or Mr. Clinton, or the others attending the assembly have a right to not assemble with these students who were left behind?

It will be interesting to see if this situation develops further.
Ironic side note: the city Mr. Clinton visited is named Clinton......
(Of course the First Amendment right to assemble applies to the state school district through incorporation)

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