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Deer Valley High School Students Win First Amendment Victory

Student Peace Rally Will Be Held in the Fall

For Immediate Release: July 14, 2005

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SAN FRANCISCO—A group of high schools students have won the right to hold a peace rally at Deer Valley High School following an agreement reached Wednesday with the Antioch Unified School District. The ACLU of Northern California represented the students in their talks with the District.

Deer Valley High School’s Students for Peace and Justice (SFPJ) asked permission in February to hold a peace rally in the fall, and planned to include a folk singer, student speeches, leaflets, banners and information regarding the war in Iraq and other issues. Although students at Deer Valley High commonly use the school’s sound system for campus activities, and the school has even allowed the U.S. military and radio stations to play music on campus, the principal denied the students’ request.

The principal expressed concern that the anti-war message was disrespectful of the military and might offend people.

“The California Legislature and the U.S. Supreme Court have recognized that high schools are important forums for free speech and political debate,” said Julia Harumi Mass, staff attorney with the ACLU-NC. “As students prepare to participate as full citizens in society, schools should encourage independent thought and dialogue about current events, even controversial ones. School administrators certainly cannot silence students because they disagree with the students’ message, which is what happened here.”

With the assistance of the club’s advisor, the students submitted a revised plan for a rally on March 17 and the principal initially agreed to allow the rally to go forward. However, the principal then restricted the students to a rally without the use of the school’s sound system, and the day before the planned rally, withdrew permission for the event altogether. The school also placed the two primary organizers of the rally on two-day on-campus suspensions, starting the day of the planned rally.

Under the agreement, the students will be allowed to hold a peace rally during all three lunch periods on campus in September; use the school’s sound system for recorded music and speeches; display banners and posters as part of the event; and distribute literature at the rally. The students’ speeches will not be subject to any prior review by the school administration.

“The war in Iraq is being waged in our name and all we want is the right to voice our opposition at school,” said Amir-Ali Sarkeshik, co-founder of SFPJ who was suspended on the day of the planned rally. “We felt betrayed by the school’s attempt to silence us, luckily the First Amendment can’t be silenced!”

Patrick Edelbacher who was also suspended added: “We really believe this is a victory for high schools students not just at Deer Valley but at other schools. If we prohibit forum and debate within our public schools, our democratic ideals will become meaningless. In a time of war and low military recruiting numbers, students are faced with life altering choices and deserve the information needed to make educated decisions. That is why it is so important that all students have the opportunity to hold rallies like this."

The District also agreed to remove Edelbacher’s and Sarkeshik’s suspensions from their records and to rescind a district-wide policy that requires students to get prior approval for literature they pass out on school campuses. The district’s concessions followed the ACLU-NC’s filing of tort claims and a demand letter on behalf of the Students for Peace and Justice and seven of its individual members.




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