The Scappoose School District has dropped a controversial social-media policy and will pay $25,000 in legal fees to settle a federal lawsuit that accused the district of violating students’ free-speech rights.
The ACLU in December filed the suit in federal court in Portland on behalf of then-junior Marissa Harper and her mother, Alicia Harper. Marissa, who had been a member of the Scappoose High School’s Vision Dance Team since June 2011, was told that in order to try out for the competitive dance team, she and her mother both had to sign a new packet of policies. (Read the federal complaint here.)
Among other things, the new “sportsmanship and social media” policy prohibited them from saying anything negative verbally or on social media about the team. As written, it also prohibited the mother and daughter from emailing, texting or talking on the phone about any aspect of the dance team, the lawsuit states.
The Harpers were unable to get the district to relent, they said, and Marissa Harper did not try out for the team.
Although aimed at preventing cyberbullying and other potential targeting via social media, the policy was overbroad, the ACLU argued.
After the lawsuit was filed, the district withdrew the policy and, in a May newsletter to families, acknowledged “that portions of the policy relating to student speech violated the Harpers’ First Amendment rights of free speech,” according to the release.
“The School District regrets the former policy and is pleased that the parties were able to reach an amicable settlement and move forward in an environment where student speech is appropriately supported.”
The district still hopes to develop a social media policy to be in place for the coming year, said Superintendent Stephen Jupe.
U.S. Magistrate Judge Janice Stewart signed an order dismissing the case Thursday.
If Marissa chooses, she will be free to try out for the team for her senior year, according to Jann Carson, associate director for the ACLU of Oregon.
— Helen Jung
Comments are closed.