On October 22, the ACLU of New Mexico premiered it’s new video, When Freedom Can’t Defend Itself, at the 49th Annual Bill of Rights Celebration. The video follows the stories of four New Mexicans, a Sikh paramedic, a National Guardsman, a Border Patrol agent and a high school student who all turned to the ACLU of New Mexico when their civil liberties were violated.

Can my free speech be restricted because of what I say—even if it is controversial?

• A march or parade that does not stay on the sidewalk, and other events that require blocking traffic or street closure
• A large rally requiring the use of sound amplifying devices; or
• A rally at certain designated parks or plazas

Download a pdf copy.

Some public schools are using web filtering software to block student access to positive info about LGBT issues and organizations. Blocking all LGBT content violates students’ First Amendment rights to free speech. They also violate the Equal Access Act, which requires equal access to school resources for all extracurricular clubs, including gay-straight alliances and LGBT support groups. Some schools have even configured their web filters to block access to websites for positive LGBT rights organizations, but still allow access to anti-LGBT sites that condemn LGBT people or urge us to try to change our sexual orientation. This is called viewpoint discrimination, and it’s also illegal.

CLOVIS, NM – Today, the American Civil Liberties Union (ACLU) of New Mexico called on Clovis Municipal School District School Board Members to allow students at Clovis High School to form a non-curricular Gay-Straight Alliance (GSA) club. On Tuesday, April 26, board members will meet to consider abolishing all non-curricular student clubs in order to block the club’s formation.

Gay-Straight Alliances are non-curricular, student initiated and student run clubs, with the goal of providing a safe, supportive environment for lesbian, gay, bisexual, transgender, questioning (LGBTQ) and allied straight youth to meet and discuss sexual orientation and gender identity issues, and to work to create a school environment free of discrimination, harassment and intolerance. Currently, there are more than 3,000 GSAs in schools throughout the United States. In a 2009 survey conducted by the Gay, Lesbian and Straight Education Network (GLSEN), students who attended schools with GSA groups were more likely to report feeling safe at school and less likely to report harassment due to their perceived or actual sexual orientation.

Today, ACLU of New Mexico Staff Attorney Alexandra Freedman Smith sent a letter to the Clovis School Board, urging that they not deny high school students the personal enrichment and opportunities provided by non-curricular clubs:

“Non-curricular activities are a vital part of any educational program and provide students with enriching and rewarding experiences. At Clovis High School, you have non-curricular service clubs, religious clubs, a chess club, and other similarly engaging groups. To simply discontinue these clubs would deprive all students of a rich and diverse set of activities to engage in outside of class. Eliminating these clubs would doubtlessly diminish the vibrancy of the high school community in Clovis.”

The full text of the letter can be read HERE..

Under federal law, if public schools allow non-curricular clubs—such as Chess Club or the Fellowship of Christian Athletes—they have created a limited open forum and must give equal access to any students who wish to form additional non-curricular clubs. Once this limited open forum is established, school officials may not discriminate against any club based on its viewpoint.  However, some schools attempt an end run around this law by abolishing all student non-curricular clubs, blocking access to not only GSAs, but all other non-curricular clubs as well.

“It is a shame that Clovis the School Board would consider such drastic action, all just to prevent students from creating an open, safe place at school for LGBT youth and straight allies to gather,” said ACLU of New Mexico Executive Director Peter Simonson. “LGBT students are often the targets of bullying and may have no other place where they feel accepted and supported. To deny them this support—while simultaneously denying every other student the opportunity to participate in other non-curricular clubs—is unjustifiable.”

The ACLU of New Mexico invites students from other school districts to file a legal complaint online at aclu-nm.org if they believe that their school is attempting to prevent the formation of GSAs, censoring websites with content geared towards the LGBT communities or otherwise discriminating against students based on their sexual orientation or gender identity.

FOR IMMEDIATE RELEASE

April 25, 2011

CONTACT: Micah McCoy, (505) 266-5915 x1003 or mmccoy@aclu-nm.org

###