The Kansas Justice Institute (KJI), like The Sentinel, a subsidiary of Kansas Policy Institute, has sent a letter to the Winfield USD 465 School District urging it to allow a student club affiliated with Turning Point USA to protect its students’ constitutional right to freedom of speech.
At issue is a petition signed by students of the Cowley County school in opposition to the continued operation of a Club America chapter, a student-led group affiliated with Turning Point USA., at Winfield High School. Turning Point founder, Charlie Kirk, was assassinated in September at an event in Utah.
KJI is a free, nonprofit, public interest law firm dedicated to protecting constitutional rights and fighting government overreach.
The letter, sent to Superintendent Tricia Reiser and members of the Winfield School Board, reminded the officials that in the Board of Education’s Policy Manual, students are permitted to “form clubs and other groups organized to promote or pursue specialized activities outside the regular classroom. The requirements for establishing a club are minimal.
According to the Courier Traveler News, the petition, signed mostly by students, “calls on administrators and the school board to reject application for a Turning Point USA chapter, or related events; adopt clear policies to prevent partisan organizations from recruiting on school grounds, and ensure all extracurricular organizations and guest speakers remain nonpartisan and inclusive.”
The letter from Kansas Justice Institute reiterated the 1969 decision Tinker v. Des Moines, in which the U.S. Supreme Court held:
State-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are ‘persons’ under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.
KJI emphasized in its letter: Prohibiting a club based on its viewpoint would violate the First Amendment, the Kansas Constitution, the Equal Access Act, and the district’s own policies.
KJI’s letter explained that the district’s policies encourage student organizations because they build leadership and character, and Winfield High School already recognizes a range of clubs reflecting diverse viewpoints. Prohibiting the continued operation of Club America, therefore, would be unconstitutional. Samuel MacRoberts is Litigation Director for KJI:
“Winfield High School recognizes a wide range of student organizations that reflect diverse perspectives. The district should protect every student’s right to create and participate in a club—regardless of viewpoint.”
As noted in the letter from Kansas Justice Institute, USD 465 has clubs for Young Democrats, Young Republicans, Gay/Straight Alliance, and Fellowship of Christian Athletes.
