Federal Appeals Court Affirms Students’ First Amendment and Due Process Rights in School
RICHMOND, Va. — The Fourth Circuit Court of Appeals yesterday handed down a victory for students’ rights, ruling that South Carolina’s “disturbing schools” law poses a substantial risk to student freedom of expression and due process, and that the plaintiffs in Kenny v. Wilson deserve their day in court. The law allows children to be arrested and prosecuted for any behavior a school deems “obnoxious,” such as failing to follow a teacher’s instruction or cursing at lunchtime.
The American Civil Liberties Union and the ACLU of South Carolina filed Kenny in 2016 on behalf of Niya Kenny and other student plaintiffs. At Spring Valley High School in Columbia, Kenny was arrested and taken to a detention center because she had cried out after she saw a school resource officer picking up a classmate and throwing her to the ground.
Sarah Hinger, staff attorney with the ACLU’s Racial Justice Program, had the following response:
“The court has sent a clear message: rather than funnel children into the criminal justice system over minutiae and lawful activities, schools must recognize and protect students’ rights. This message is particularly important in this time of student activism.
“Under South Carolina’s so-called ‘disturbing schools’ law, Black students are nearly four times as likely to be punished than white students. That means that Black children are disproportionately saddled with criminal records and other burdens that come with charges and arrests.
“In its ruling, the court recognized the law’s discriminatory impact, finding that ‘the threat of enforcement is particularly credible’ for plaintiffs who are Black, and for those who have disabilities.”
For the ruling, go to:
https://www.aclu.org/cases/kenny-v-wilson
For more information:
ACLU Racial Justice Program
https://www.aclu.org/issues/racial-justice
ACLU Women’s Rights Project
https://www.aclu.org/issues/womens-rights
ACLU of South Carolina
https://www.aclusc.org/
RICHMOND, Va. — The Fourth Circuit Court of Appeals yesterday handed down a victory for students’ rights, ruling that South Carolina’s “disturbing schools” law poses a substantial risk to student freedom of expression and due process, and that the plaintiffs in Kenny v. Wilson deserve their day in court. The law allows children to be arrested and prosecuted for any behavior a school deems “obnoxious,” such as failing to follow a teacher’s instruction or cursing at lunchtime.
The American Civil Liberties Union and the ACLU of South Carolina filed Kenny in 2016 on behalf of Niya Kenny and other student plaintiffs. At Spring Valley High School in Columbia, Kenny was arrested and taken to a detention center because she had cried out after she saw a school resource officer picking up a classmate and throwing her to the ground.
Sarah Hinger, staff attorney with the ACLU’s Racial Justice Program, had the following response:
“The court has sent a clear message: rather than funnel children into the criminal justice system over minutiae and lawful activities, schools must recognize and protect students’ rights. This message is particularly important in this time of student activism.
“Under South Carolina’s so-called ‘disturbing schools’ law, Black students are nearly four times as likely to be punished than white students. That means that Black children are disproportionately saddled with criminal records and other burdens that come with charges and arrests.
“In its ruling, the court recognized the law’s discriminatory impact, finding that ‘the threat of enforcement is particularly credible’ for plaintiffs who are Black, and for those who have disabilities.”
For the ruling, go to:
https://www.aclu.org/cases/kenny-v-wilson
For more information:
ACLU Racial Justice Program
https://www.aclu.org/issues/racial-justice
ACLU Women’s Rights Project
https://www.aclu.org/issues/womens-rights
ACLU of South Carolina
https://www.aclusc.org/
Stay informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The latest in Racial Justice
-
My Son's Hair is Part of a Thousand-Year-Old Tribal Culture. His School Called it a 'Fad.'
-
ACLU Warns Classical Charter Schools that Short Hair Rule for Boys Discriminates Against Native American Students
-
ACLU Applauds Reinstatement of HUD Rule Strengthening Protection from Housing Discrimination
-
How Policy Hidden in an Algorithm is Threatening Families in This Pennsylvania County
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About Racial Justice
The ACLU Racial Justice Program aims to preserve and extend constitutionally guaranteed rights to people who have historically been denied their rights on the basis of race.