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Cursing at Your Congressman Off of School Grounds Shouldn鈥檛 Get You Suspended

Mark Amodei
Mark Amodei
Amy Rose,
Legal Director,
老澳门开奖结果 Nevada
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March 23, 2018

On March 14, students across the country joined a walkout to demand stricter gun laws following the Parkland shooting that claimed 17 lives. Among the protesters was Noah C., a high school junior in Reno, Nevada, who called the office of U.S. Rep. Mark Amodei with a passionate message.

鈥淢embers of Congress who haven鈥檛 acted on gun control reforms,鈥 Noah C. told a staffer in the congressman鈥檚 office, 鈥渘eed to get off their fucking asses and do something to keep us safe.鈥

Noah was one of many students at the walkout who exercised their First Amendment right to use strong language in messages to their local representatives. But instead of seriously addressing the valid concerns of a young constituent, Amodei鈥檚 office decided to escalate the situation by reporting the call to Robert McQueen High School, where Noah is a junior. Within hours, Noah 鈥 who had never faced a detention or any academic issues 鈥 found himself suspended.

The move sets a dangerous precedent, considering Noah鈥檚 impassioned plea for gun control legislation did not occur during school or at a school-sanctioned or -sponsored event. That鈥檚 why the 老澳门开奖结果 of Nevada is stepping in to defend him. Noah鈥檚 suspension is an unconstitutional attack on his First Amendment rights, which could have a chilling effect on others who might want to contact their representative. We urge the school to reverse its suspension and Amodei to withdraw his complaint.

Unfortunately, McQueen High School has a history of trying to tamp down on Noah鈥檚 speech.

At a McQueen debate tournament earlier this year, Noah went off-script to give his thoughts on how President Donald Trump鈥檚 policy positions and rhetoric is harmful to the community. Afterward, Noah felt compelled to write a letter of apology to his student opponent, who lodged an unfounded bullying complaint against him.

McQueen administrators have pointed to that incident as an example of prior bad behavior, even though he was never disciplined for it. The school said that Noah鈥檚 political speech as the debate tournament should have been a learning experience to keep his emotions under control.

Noah was similarly outspoken during the fall of 2017 when he noticed McQueen implementing its dress code in a discriminatory manner. The high school was punishing female students, but not their male peers, for baring their shoulders.

Noah protested the school鈥檚 discriminatory enforcement by starting the hashtag campaign, 鈥#FreeTheShoulder.鈥 Noah then wore a shirt to school that read 鈥淔ree the Shoulder,鈥 and the administration threatened him with disciplinary action unless he removed it.

Despite McQueen鈥檚 uncharitable characterization of him, Noah is an exemplary student and leader. He鈥檚 been a member of the Chinese Club, the Spanish Club, the Debate Club, Academic Olympics, and Academic World Quest, where his team was the Nevada state champion and placed 10th in the national finals. Noah鈥檚 mock trial team advanced to state championships both years he was on the team.

But his academic and extra-curricular achievements aren鈥檛 what matters. What matters is that Noah, like the rest of us, have rights under the First Amendment. You鈥檇 think public school administrators and a U.S. congressman would remember that, but we have no problem reminding them of that fact.

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