Suspensions raise free-speech questions

The fallout from an act of vandalism at McDowell High School has sparked debate on whether or not students First Amendment rights were violated.

Several students received short-term suspensions after posting words of encouragement and support on classmate Alex Mayes Facebook wall.

Last week, Mayes and a friend spray painted phallic symbols on several different areas at McDowell High School, including Titan rock.

On Wednesday, both Mayes and his associate were questioned and then arrested. It was after his arrest that students began posting comments about the act and forwarding pictures of the rock.

Principal Ben Talbert was out of town when the incident occurred and he said he believed at the time that suspensions were the only way to protect the school.

The decision was made because I felt like we were in a position of being very vulnerable, Talbert said Monday. To glorify a guy for doing this we thought created a negative environment. Im just amazed that kids supported him. Many of the parents Ive spoken to are amazed their kids supported this.

Ken Paulson, president/chief executive at the First Amendment Center in Nashville, Tenn., said this incident is one of many dealing with social media and a students First Amendment right to free speech.

This is an emerging area of the law, Paulson said in a telephone interview Monday. The question of whether public schools can discipline students for free expression outside of the classroom is still being refined. Its still being addressed by the courts in surprisingly different ways. Students have First Amendment rights. Courts have different ways of applying them when dealing with a school. The test is always whether the speech substantially disrupts school operations.

Disruption was the main reason why Talbert chose to give five students short-term suspension.

We thought this kind of activity was disruptive, he said. It was kind of like having a fight break out and having students cheer the participants on.

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Suspensions raise free-speech questions