School Climate & Safety

Law Barring ‘Verbal Assault’ At School Struck Down

By Catherine Gewertz — November 12, 2003 1 min read

A Michigan student who was suspended from school for reading an inflammatory commentary to fellow students has won his fight to invalidate a state law and a district policy that school officials used as the basis for his punishment.

U.S. District Judge David M. Lawson, of Bay City, Mich., ruled that the 1999 Michigan law requiring schools to suspend or expel students who engaged in a “verbal assault” in school was unconstitutionally vague and overbroad, as was the Mount Pleasant City School District’s policy written to reflect the state law.

But the judge refused to order the 3,800-student district to remove the suspension from the student’s record, saying that because some of the things he said were outside the bounds of speech protected by the First Amendment, district officials did not overstep their authority in disciplining him.

Kary L. Moss, the executive director of the American Civil Liberties Union of Michigan, which sued the district on behalf of the family of Alexander N. Smith, said that no decision has been made on whether to appeal that part of the decision.

“This case reflects the decreased tolerance of student rights in schools,” she said last week.

The state did not respond to Judge Lawson’s invitation to defend the statute.

‘Vicious and Personal’

Mr. Smith, who now attends Michigan State University, was a junior at Mount Pleasant High School in central Michigan in fall 2000 when he read aloud to friends at his lunch table a three-page commentary criticizing the school’s new tardiness policy.

In addition to opposing the policy, however, Mr. Smith attacked school officials, calling the principal a “skank” and a “tramp” and saying the assistant principal was confused about his sexuality, according to court documents.

Two students who overheard the remarks reported them to administrators, who suspended Mr. Smith for 10 days. The suspension was reduced to eight days after Mr. Smith’s family agreed to have him meet with a psychotherapist, who found that the student had intended no harm.

Principal Betty Kirby said she would have taken no action against Mr. Smith if his comments had been confined to opposing school policy. “What we did was proper,” she said.

Judge Lawson said in his Sept. 30 opinion that administrators had the right to discipline Mr. Smith for his “vicious and personal” comments because the remarks had undercut administrators’ authority.

Related Tags:


School & District Management Live Event EdWeek Leadership Symposium
Education Week's Premier Leadership Event for K12 School & District Leaders.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Student Well-Being Webinar
A Holistic Approach to Social-Emotional Learning
Register to learn about the components and benefits of holistically implemented SEL.
Content provided by Committee for Children
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Student Well-Being Webinar
How Principals Can Support Student Well-Being During COVID
Join this webinar for tips on how to support and prioritize student health and well-being during COVID.
Content provided by Unruly Studios

EdWeek Top School Jobs

Head of School
Conshohocken, Pennsylvania
AIM Academy
Head of School
Conshohocken, Pennsylvania
AIM Academy
Superintendent, Coeur d'Alene Public Schools
Coeur D'Alene, Idaho
Hazard, Young, Attea & Associates
Interdisciplinary STEAM Specialist
Smyrna, Georgia
St. Benedict's Episcopal School

Read Next

School Climate & Safety Interactive School Shootings This Year: How Many and Where
Education Week is tracking shootings in K-12 schools in 2021. See the number of incidents and where they occurred in our map and data table.
2 min read
Sign indicating school zone.
School Climate & Safety When Toxic Positivity Seeps Into Schools, Here's What Educators Can Do
Papering over legitimate, negative feelings with phrases like "look on the bright side" can be harmful for teachers and students.
6 min read
Image shows the Mr. Yuck emoji with his tongue out in response to bubbles of positive sayings all around him.
Gina Tomko/Education Week + Ingram Publishing/Getty
School Climate & Safety Opinion Teaching's 'New Normal'? There's Nothing Normal About the Constant Threat of Death
As the bizarre becomes ordinary, don't forget what's at stake for America's teachers during the COVID-19 pandemic, writes Justin Minkel.
4 min read
14Minkel IMG
School Climate & Safety Letter to the Editor Invisibility to Inclusivity for LGBTQ Students
To the Editor:
I read with interest “The Essential Traits of a Positive School Climate” (Special Report: “Getting School Climate Right: A Guide for Principals,” Oct. 14, 2020). The EdWeek Research Center survey of principals and teachers provides interesting insight as to why there are still school climate issues for LGBTQ students.
1 min read