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Former Students File a Federal Civil Rights Lawsuit Against an Idaho School District for Alleged Violation of their First and Fourteenth Amendment Rights

Heightened Awareness about Free Speech at Public High Schools with Students Represented by Linnet Law Offices, PPLC


News provided by

Linnet Law Offices, PPLC

Apr 10, 2019, 12:05 ET

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HAILEY, Idaho, April 10, 2019 /PRNewswire-PRWeb/ -- A federal civil rights lawsuit (Case Number 1:19-cv-00116) was filed today by Dakota King Hutton and Emily Thayer, two former students of Wood River High School (WRHS) in Idaho District Court in Hailey, Idaho. The lawsuit alleges violations of the students' constitutionally protected rights to free speech by the Blaine County School District (BCSD) and several named administrators including BCSD Superintendent, GwenCarol Holmes.

The lawsuit alleges that in 2017, during Ms. Dakota King Hutton's senior year at Wood River High School (WRHS), she submitted an opinion poll to thirty random students and staff as part of an AP Government homework assignment. Among other things, the court documents explain that the opinion poll asked questions about Superintendent GwenCarol Holmes' influence on the school district. It then alleges that at the direction of Superintendent Holmes, administrators deleted the poll because they alleged it was a "professional evaluation" of Superintendent Holmes and that it violated unnamed Idaho law.

“High school students are often afraid of asserting their rights, or are unsure of what rights they have. Too often, students’ rights suffer at the hands of administrators seeking to put a positive spin on all school related matters.

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"For me, this lawsuit is an attempt to hold school administrators accountable for what I believe to be unconstitutional actions," said Hutton. "Asking about how well a leader is doing is the kind of question you see in polls all the time and it seemed like a very appropriate subject for a class on government. Unfortunately, I do not think the school district wanted anyone asking questions about their leadership," said Hutton.

The second allegation in the lawsuit involves Ms. Emily Thayer, who was also a senior at WRHS in the fall of 2017. According to court documents, the plaintiff's allegations explain that in her capacity as the appointed Student Board Representative to the BCSD Board of Trustees she, in accordance with district policy, submitted monthly reports reflecting the student body's point of view on various issues. The court documents goes on to explain that when the BCSD made a change to the 2018 graduation date, the plaintiff included a section in her monthly report that said the change was unpopular with students and that the students would like the board to reconsider their decision because it was made without adequate input from the affected students and families. The lawsuit alleges that at the direction of Superintendent Holmes, administrators redacted the portion of the plaintiff's report covering the changed graduation date.

"My job was to give the board and the administration student feedback on activities, achievements, and concerns," said Thayer. "I do not believe the school district had any interest in listening to or receiving criticisms from students when I was the Student Board Representative. I hope that this action will help other students understand how strong their First Amendment rights really are," concluded Thayer.

"While there has been heightened awareness about free speech rights on college campuses, the issue has received far less attention in high schools," said Sam Linnet, the lawyer representing the plaintiffs. "High school students are often afraid of asserting their rights, or are unsure of what rights they have. Too often, students' rights suffer at the hands of administrators seeking to put a positive spin on all school related matters. But, administrative public relations goals are never superior to students' civil rights. Bureaucratic gagging of students' opinions has the undesirable effect of rendering the high school's primary stakeholders – the students – voiceless. This lawsuit is about establishing a culture where students can respectfully – and in accordance with reasonable school policies – feel safe questioning and criticizing the very institutions that aim to produce citizens of a vibrant democracy," asserted Linnet.

For a full copy of the plaintiffs complaint click here.

About Sam Linnet
Sam Linnet practices law in Hailey, Idaho near the world-renowned Sun Valley resort. Mr. Linnet has a J.D. and M.S. in Environmental Science from the University of Idaho and is a member of the Idaho State Bar. Sam's practice focuses on building and strengthening local communities by providing individuals and businesses with comprehensive legal services.

SOURCE Linnet Law Offices, PPLC

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