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Free speech concerns raised after Wahlquist Jr. High students wear American flags as capes

By Ryan Aston - | Nov 11, 2024

Ryan Aston, Standard-Examiner

Farr West's Wahlquist Junior High School, photographed on Monday, Nov. 11, 2024.

FARR WEST — Some parents and members of the community in Farr West raised concerns last week amid reports that students were sent home and/or suspended from Wahlquist Junior High School on Wednesday for wearing American flags as capes.

With tensions running high following the events of Election Day, discussion about the situation was heated on social media, with some claiming that students were “punished for being patriotic,” while others speculated about what might have occurred and how many children may have faced discipline as a result.

Lane Findlay, Weber School District’s community relations specialist, told the Standard-Examiner that three students wore flags as capes at the school Wednesday morning, but he stressed that none were suspended or subjected to other disciplinary action for doing so.

He said that the students initially drew the attention of administrators by singing “an impromptu version of ‘The Star-Spangled Banner'” in the halls and were later asked to put the flags away, with a districtwide costume policy being cited.

“A lot of our schools used to have their own dress codes, so the district last year went through and created a districtwide dress code that schools use. So, hopefully it’s a little bit more uniform and there’s more consistency in how it’s applied at the different schools,” Findlay said. “But these issues come up pretty regularly when we’re talking about dress code with kids.”

The district’s policy for “Student Dress and Grooming Standards,” which can be read online, states that certain items are prohibited at school and school activities. Included on the list are “grooming or dress that causes actual disruption” and “costumes or costume accessories,” except on “designated holidays.”

According to Findlay, students were initially receptive when asked to remove their capes, but they put them back on later in the school day and stated that they would continue to wear them, prompting a second conversation and, eventually, trips to the principal’s office and meetings with parents. Findlay said the matter was later discussed by district officials.

“They decided, unless this is causing a disruption, it’s not something that the administration is going to necessarily enforce in the future. So, it would just be case by case,” Findlay said. “Following Wednesday, there have been a few kids wearing the American flag and, unless it’s causing problems or disruption, it’s just not something that we’re going to address given the nature of it.”

Findlay also emphasized that students’ First Amendment rights are protected at school, but that there are also certain limitations where issues of safety and disruption of the learning process are concerned.

In the wake of the incident, the school sent an email to parents addressing the situation and concerns about free speech.

“It has come to our attention that concerns have been raised regarding students’ free exercise of their political speech at school. We want to assure you that as the Supreme Court said in Tinker v. Des Moines in 1967, students maintain their First Amendment rights at school. The Court explained that while students ‘do not shed their constitutional rights at the schoolhouse gates,’ there are limitations at school where students’ speech and/or symbolic speech creates a substantial and material disruption to the educational environment,” the email read.

“We encourage students to engage in civil political discourse and display an enthusiasm for our political processes, especially during such a critical time as a presidential election, and we ask that you remind your students to engage in that process and display that enthusiasm in a respectful non-disruptive manner. Should students engage in conduct that is disruptive to the educational environment, even if it is conduct that is political in nature, administrators will address the conduct and, if necessary, impose appropriate disciplinary action.

“Presidential elections can be great opportunities for students to learn about and express excitement about our country’s democratic processes, and we do not want to quash a student’s learning or excitement. For your information and to clear up any confusion, no students were suspended yesterday or today concerning these events. But we need students to remember that disruptions to the school environment make it difficult for others to learn and express excitement.”

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