SHELBY, N.C. - The ACLU of North Carolina and Charles Johnson of the law firm of Robinson, Bradshaw filed a lawsuit on Wednesday against the Cleveland County Board of Education for violating the First Amendment and Equal Access Act. The Board has banned a student group from playing a quiz game highlighting LGBTQ+ people who have made significant contributions to American society, deeming the activity “indecent.”
The lawsuit, which was filed in the United States District Court for the Western District of North Carolina, alleges the school district’s actions violate the rights to free speech, freedom of association, and equal access to school resources.
According to the lawsuit, the game contains no content that could reasonably be viewed as lewd, obscene, defamatory, or depicting criminal activity. By preventing one student group from discussing LGBTQ+ individuals and media while allowing other student groups, such as the Bible Club, to discuss any topics they like, the lawsuit argues that the Board’s decision amounts to unconstitutional discrimination.
“It is longstanding law that students do not shed their constitutional rights at the schoolhouse gate, and school officials cannot prohibit student speech simply because they disagree with its message or find it uncomfortable,” said Ivy Johnson, staff attorney for the ACLU of North Carolina. “The game in question simply recognizes significant LGBTQ+ figures in pop culture and history, such as Harvey Milk, George Takei, and Ellen DeGeneres. Acknowledging that LGBTQ+ people exist is not inappropriate or indecent. The Cleveland County Board’s decision here is a direct violation of students’ First Amendment rights.”
You can read our letter here and the lawsuit below.
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