UPDATE: Promotion of “#Planned Parenthood” found inside Lee High School

February 25, 2017 SAFAFamily

A flier, in promotion of “#PlannedParenthood” was found inside a local #NEISD High School last week. The Lee High School Democrats (#LHSDems) placed this advertisement of “Planned Pizzahood” fundraising event to support the abortion giant “Planned Parenthood” inside #LeeHighSchool. Several concerned citizens wrote to LHS Principal, Nicole Franco, expressing their concern. This was her reply:

Response from LHS Principal, Nicole Franco:

“Thank you for your email. I assure you that NEISD in general and Lee High School in particular has absolutely no affiliation with Planned Parenthood, nor does the organization have any presence on any campus. Instead, the issue about which you write was a student fundraiser held off-campus by one of the student organizations at Lee High School. All recognized student organizations may hold fundraisers or other events off-campus on their own time for the benefit of an outside group of their choice. These events are voluntary and not school-sponsored. The District permits these student organizations to advertise their fundraisers in certain designated areas of the school. While campus administration must review the advertisements, student organizations retain First Amendment rights to engage in these activities off-campus and on their own time. The District does not get involved in the selection of which outside agencies for which the student organizations choose to engage in fundraising, as to do so would be to engage in viewpoint discrimination that would violate the law. Any proceeds from these fundraisers are donated to in the name of the student organization and not Lee High School or NEISD. This was a student led initiative that should not be construed as either being sanctioned by the campus or representative of the views by Lee administration and staff. Thank you again for writing to us.
Nicole Franco, Principal, Robert E. Lee High School”

While freedom of speech is an extremely important right to protect, one SAFA supporter made the following points in response:

Reply to LHS from SAFA supporter:

“Thank you for your response. However, your argument concerning viewpoint discrimination and the First Amendment rights of students is incomplete. You do realize that students on the school campus have limited First Amendment rights (see Tinker v. Des Moines Independent Community School District, Bethel School District No. 403 v. Fraser, Hazelwood School District v. Kulmeier, Morse v. Frederick). In each of these cases the Court set parameters and limitations on the rights of students to express themselves, on the basis of causing a disruption (or likelihood thereof), prohibiting offensive and lewd speech, speech promoting drug use, etc.

Important to note, the Court in Hazelwood School District v. Kulhmeier, upheld the right of schools to censor student speech in student publications related to sexual activity. In this case the paper was censored by school officials exercising editorial control due to the inappropriateness of the stories about students experiences with pregnancy. The school district exercised the judgment that such content would be inappropriate for younger students. The Court found, “. . . educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” While you may assert, the activity was off-campus and not school-sponsored, the group promoting the event appears to be a school sponsored group, and include Lee High School in their name. I’m supposing they have a faculty sponsor, and are subject to rules governing student organizations, etc. Which at the least raises the question as to whether or not the school could have properly censored the promotion of the event. But certainly, if school officials could censor stories about student experiences with pregnancy, it isn’t impossible to conceive of school officials preventing the promotion of an organization that terminates pregnancies and kills babies.

But applying your standard, do you draw the line anywhere? Should a student LGBTQ organization desire to raise funds for NAMBLA, would you permit such a fundraiser? Or if your campus had an Islamic group which wished to raise funds for ISIS would you allow the group to do so? Or should a student organization wants to raise funds for Westboro Baptist Church to fund their hate speech, would that be permissible? I don’t believe your standard of absolute free speech is maintainable. Where do you draw the line? What organizations could a student group not raise funds for?

Further, I would ask, do you not already limit student speech and student expression? Does your school have a dress code or my one wear a bikini to class? May a student use the f-word in conversations with teachers and administrators or from the stage at school events? May t-shirts promoting any type of illegal activity or ideology be worn? Or do you have limits already in place?

Simply put, the issue isn’t nearly as black and white as you have painted. Constitutionally, I believe the Court has provided the tools which allow you to limit certain expression and have a reasonable amount of control over the speech on campus. Further, given precedent, disallowing speech which promotes abortion on campus falls within that parameter. You did not exercise such discretion and that is the issue. Further, I don’t think it is possible that you operate your school as an absolute student free speech zone. I do believe you currently restrict speech in the above mentions dress codes and language prohibitions. For these reasons continued dialogue is needed.”

If you have not already reached out to LHS or NEISD, we ask you to consider contacting the Lee High School Principal, NEISD Superintendent, and Board of Trustees (contact info below) to express your concern of the promotion of the giant #abortion business to #Teen Students. Thank you to all those who have reached out to Lee HS and NEISD to express their concern.

Lee High School Principal

Nicole Franco

210-356-0805, [email protected]

NEISD Superintendent

Brian Gottardy

210-407-0000, [email protected]

NEISD Board of Trustees

Jim Wheat – [email protected]

Tony Jaso – [email protected]

Sandi Wolff – [email protected]

Edd White – [email protected]

Brigitte Perkins (Vice President) – [email protected]