See You In Court! CABE Monthly Column
“See You In Court!” is written by Thomas Mooney and appears in the CABE Journal, a publication of the Connecticut Association of Boards of Education.
Members of the Nutmeg Board of Education have been concerned that the upcoming national election will cause distraction and disruption in the Nutmeg Public Schools. Veteran Board member Bob Bombast has been so concerned that, under New Business at the Board’s August meeting, he proposed that the Board adopt the following policy:
No member of the Nutmeg school community shall engage in political activity when on the property of the Nutmeg Public Schools. Accordingly, the Board prohibits employees and students from displaying any messages conveying support for any political candidate for state or federal office. This prohibition extends to buttons, hats, T-shirts or other apparel, and to messages on personal vehicles, including but not limited to bumper stickers or signs.
As soon as Bob stopped talking, fellow Board member Mal Content expressed outrage that Bob would suggest a policy that would, in his words, “trample the First Amendment rights of staff and students.” Other Board members joined the discussion, and a lively debate ensued. Finally, Mr. Chairperson cut off the discussion, stating that Bob should refer his proposed policy to the Policy Committee, which is chaired by Penny Pincher.
“But I am not a member of the Policy Committee!” Bob protested.
“With good reason,” Mr. Board Chairperson responded. “But you can certainly attend the meeting of the Policy Committee and pitch your policy there. Let’s move on.”
As expected, Bob attended the next meeting of the Policy Committee, as did Mal Content, who, though also not a member of the Policy Committee, wanted to voice his opposition to the proposed policy. All told, four of the five members of the Nutmeg Board of Education attended the meeting.
Penny Pincher opened the meeting by welcoming Bob and inviting him to present his proposed policy. Bob thanked Penny and launched into a prepared speech about how the Board needs to keep politics out of the Nutmeg Public Schools, and he renewed his call that the Board should approve his policy. As soon as Bob finished, Mal jumped in. “This policy is an embarrassment. Bumper stickers? Really? We are going to monitor the parking lot and police bumper stickers? Give me a break!”
Penny nodded in agreement, stating that Mal makes a good point. However, Bob pushed back, stating that half measures will not do. “The parking lot is school property! We either keep politics out of our schools or we don’t!”
After further discussion, Penny proposed a compromise. “Let’s do this. I move that we recommend Bob’s policy with one change. We need to delete the prohibition against political messages on personal vehicles.
Mal immediately raised his hand and was recognized. “I move that the Committee approve the proposed policy without the reference to personal vehicles.” Penny seconded the motion, and after further discussion that included Bob’s objection to revising the policy, Penny called for a vote. Penny, Red Cent and Mal voted in favor, and Bob voted in the negative. Penny announced that the motion passed, and she informed the Committee members that she would forward the revised policy with Committee’s recommendation to the full Board.
Is this policy legal? Did the Committee do its work appropriately?