The American Civil Liberties Union (ACLU) of Ohio has taken a strong stance against the recent flag ban implemented by the Big Walnut Local Schools Board in Delaware County, particularly criticizing the prohibition of the LGBTQ+ flag on school grounds. In a letter sent to the board on Wednesday, the ACLU declared the ban unconstitutional and criticized the board’s reasoning as vague and incoherent.
Amy Gilbert, a senior staff attorney at the ACLU, underscored the organization’s concerns in the letter, warning of potential legal action if the board fails to repeal the policy. “This policy is unconstitutional in multiple respects,” Gilbert stated, highlighting the lack of clarity and specificity in the language of the resolution.
The policy, passed narrowly by a 3-2 vote at the board’s Dec. 14 meeting, has been described as “vague to the point of incoherence.” Gilbert noted that the policy’s language, which mentions displays affixed to the grounds and electronic messaging on the district’s network, is followed by ambiguous categories with little explanation of what is permitted or prohibited.
Gilbert expressed her belief that the board’s actions are an attempt to suppress specific viewpoints, stating, “We know what it is trying to do. It’s just not clear.” The resolution, initially proposed by board member Alice Nicks and supported by board President Doug Crowl and member Angela Graziosi, faced opposition from Todd Smith and Stephen Fujii, two other board members.
Smith had previously cautioned against the resolution, citing potential lawsuits and the risk of driving teachers away. Despite these warnings and the advice of the district’s legal counsel, the board proceeded with the ban. The initial version of the resolution, introduced by Nicks, had proposed limiting displays to the United States flag, the Ohio state flag, U.S. military flags, and flags from other countries.
It explicitly excluded flags supporting Ohio State University and banned banners, signs, or symbols promoting activist causes or deemed controversial. The ACLU’s letter argues that even if the policy were enforceable, it would represent a direct assault on students’ First Amendment rights to free expression.
The organization referenced Supreme Court rulings affirming that free speech protections extend to teachers and students within educational settings. Gilbert noted that this policy is particularly blatant in its violation of constitutional rights in Ohio.
Geoff Peterfy, a spokesperson for the Big Walnut district, declined to comment on the ACLU’s letter due to the potential for litigation. The issue has attracted attention from Big Walnut parents as well, with Ryan Wynia contacting the ACLU before the Dec. 14 meeting.
Wynia hopes that the ACLU’s involvement will highlight how the policy infringes upon students’ free speech and viewpoint diversity rights protected under the First Amendment. This confrontation between the ACLU of Ohio and the Big Walnut Local Schools Board represents a new chapter in the ongoing culture wars affecting public schools nationwide.
The ACLU’s involvement underscores the importance of upholding constitutional rights in educational environments and highlights the ongoing debate surrounding freedom of expression and the representation of diverse viewpoints in schools.
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