Free speech case broadens administrative power
SAN FRANCISCO
(AH) — A fedora I sip -
peals court on
Wednesday reinstat
ed a civil rights suit
by two Oregon high school students who
wore suspended for wearing buttons con
detuning "scabs” during a teachers'
strike.
Despite ruling in the students' favor,
however, the 9th U S Circuit Court of
Appeals set u standard for student
speech that ap|Mtars to broaden adminis
trators' disciplinary power.
Tho court ruled 2-1 that administrators
could suppress or punish any language
by students in a school setting that was
vulgar or "plainly offensive" without
having to show that it was likely to dis
rupt the school The dissenting judge
said those standards should apply only
to words spoken at a school-sponsored
event such ns on assembly
Hut the court said the word "scab,"
while insulting, was not necessarily
"plainly offensive" and could lx- the ba
sts for discipline only if the students'
buttons were likely to disrupt school ac
tivities The court told a federal judge in
Oregon to use that test in reconsidering
the suit
The students. David ('.handler and
Ethan Depweg, had fathers who wore
among the striking teachers at McMinn
ville High School in February 19(H) On
ihe first day of the strike, both youths
wore button* saying. "I'm not listening
scab" and "Do scabs blood?" They dis
tributed similar buttons to their class
mates
Vico principal (Parole Whitehead asked
them to remove the buttons, saying they
were disruptive. Dopweg said his classes
had not boon disrupted, and one of his
teachers confirmed that, the court said.
But Whitehead told them to take the but
tons ofT anyway and. when they refused,
suspender! them for the day.
They returned the next day with other
buttons supporting the strikers, but
Chandler complied later with an admin
istrator's request to remove buttons refer
ring to "scabs." the court said.
Their damage suit against the school
district and administrators, claiming vio
lations of their civil rights, was dis
missed by U S District Judge Owen
fanner, who said the buttons were "of
fensive" and "inherently disruptive.”
The appeals court ruled 3-0 that fanner
must reconsider the suit, using a stan
dard that is more tolerant of student
speech
The majority opinion by Chief Judge J.
Clifford Wallace said the free speech
rights of students, declared in a 1969 Su
preme Court ruling allowing a black
armhand protest against the Vietnam
War. had t>een clarified by later rulings
upholding censorship of school newspa
pers and student assembly speeches.
Racism hurts enrollment, leaders say
SEATAC, Wash (At*) A docline In black stu
dont enrollment may ice because of Increasing ra
cial Intolerance, and recruiting and assistance
programs that don't work well enough, university
presidents in Washington were told
Presidents from five of the slate's six public
universities addressed the problem Tuesday at a
meeting sponsored by the stale Commission on
African-American Affairs
The number of black students declined from
1,637 in 19«8 to 1.596 in 1901. figures from the
state Higher Education Coordinating Hoard show
Blacks made up 2 »> percent of all students at
four-year public schools in 1‘tHH By 1991 the (ig
uro hud fallen lo 2 4 percent
Enrollment numbers for whites and other eth
nic minorily groups grew significantly during the
sauce period.
T L Puree, a vice president at 'ITco Evergreen
State College in Olympia, said attitudes of "rac ial
harassment. Intolerance (and) paranoia'’ are on
the rise on campuses
"I know this is an issue that all ol us face,"
Puree said
University officials pointed to their schools'
cultural sensitivity programs designed to make
their campuses more receptive to the needs of mi
norily students
Colleges are overflowing with such programs.
i applaud your efforts, but I
must say it doesn't quite get
to the students.'
— Michelle Hi,
UWs Black Student Union president
foul their effectiveness is questionable. African
American commission Oiroetor James Kelly said.
"What surprised me was there's a lot of work
going on," foe said 'However, it's uncoordina'nd
It's hart) to sue if it's really gelling lo the stu
dent*. ”
Michelle Hill, president of the University of
Washington's Black Student Union, told officials,
"I applaud your efforts, foul I must sav it doesn't
quite get lo the students
The Commission on African-American Affairs
recommended forming a committee of students
and education officials to study how black enroll
ment and graduation rates can foe increased
Presidents attended from the University of
Washington. Washington State University. The
Evergreen Slate College and Eastern and Western
Washington universities Central Washington
President Ivory Nelson was traveling.
Costume day reveals
tension in high school
SALEM (AP) — A cos
lumc day that pokod fun
at blacks at a mostly white
high school has sparked a
renewed call to fight rac
ism in Salem schools.
As part of Homecoming
Wook, South Salem High
School held a dress-up
'ft was like "Make
Fun of Black Day.”'
— Makala Miller,
South Salem High School
junior
day last 1 hursday with the theme Kris Kross, the name of a
black rap group whose singers wear their clothes backward.
Makala Miller, a junior at South, told tho Salem-Keizcr
School Board on Tuesday that some students spoke In black
slang and made fun of how some blacks danced.
"It was like 'Make Fun of Black Day,' ” she said.
George Dyer. South s principal, said administrators told
some students that their behavior was unacceptable. He de
clined to say whether any disciplinary actions were taken.
Mary jo Henderson, tho former chairwoman of tho district’s
Equity Issues Committee, said that despite efforts to foster di
versity, Salem-Kelzer schools wore doing a bad job of chang
ing attitudes.
"1 feel that the school district should do more," she said.
Superintendent Homer Kearns said that the district would
work to improve student attitudes. >
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