Censored MAGA hat in central Pennsylvania yearbook: Freedom of speech violation?
Kaitlin GreenockleA blurred MAGA hat in an Adams County high school yearbook has raised questions in the community about public high school students and freedom of speech.
At Littlestown Senior High School, a photo published in the school's 2019 yearbook shows two boys wearing red hats during spirit week. The boys say the "Make America Great Again" slogan, popularized by President Trump, was obscured.
Littlestown Supt. Christopher Bigger has said that the removal of the slogan was a mistake "not noticed during the editorial preview process."
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Student speech can be censored in certain situations
Sara Rose, senior staff attorney for the American Civil Liberties Union of Pennsylvania, explained that courts have determined certain instances where a school has the authority to override students' First Amendment right to free speech.
For speech that takes place in school or at a school-sponsored event, the school has a right to discipline or censor students if their speech is:
- Causing a disruption;
- Lewd or vulgar;
- Promoting drug use;
- Appears in a school-sponsored publication, like a newspaper or yearbook, but the school must have a legitimate reason.
Who made the decision to blur the hat?
After the news broke about the blurred photo, many community members took to Facebook to debate. On one side, the students' freedom of speech rights were violated. On the other side, the kids weren't told to remove the hat so no rights were taken away.
Rose said that political speech is highly protected. Students are able to wear clothing with political slogans, including MAGA, as long as it does not fall under the four instances.
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Even if the language used in a political slogan can be considered lewd in a different context, the speech is protected.
But Rose explained that in a situation involving a yearbook club, school officials have the right to censor the content that appears in the yearbook as long as they have a good reason to.
Rose said in this particular instance with the Littlestown yearbook, it depends on who made the decision to blur the hats.
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If it was school officials, they were infringing on the rights of the yearbook club, not the rights of the students in the photo. And the students in the yearbook club have creative leeway, so if they choose to edit a photo used in the publication, they have that right.
The school has not said who made the decision to blur the photo, but did "apologize on behalf of the yearbook club" in a statement.
Bigger declined to comment further based on advice from the school's solicitor. Attempts to reach Lorraine Gebhart were unsuccessful.
Littlestown's statement on the blurred photo
I am aware of the yearbook situation and a mistake was made. The mistake was not noticed during the editorial preview process prior to print. We apologize on behalf of the yearbook club. It is not the policy or practice of the district to improperly censor speech. Please understand we are working with young adults who are practicing to become citizens and what a better place to do so than in a school setting. We must find a way to have civil discourse around emotionally charged issues with students where the facts are understood and the opportunity to learn is available. — Supt. Christopher Bigger