An underground newsletter, a controversial school policy and what constitutes free speech were the topics discussed last night in a filled instruction room at Amherst Regional High School.
The forum comes amidst an ongoing controversy over a "freedom of speech" policy that was adopted in reaction to the suspension of a student over the content in "The Crux," an underground newsletter published and distributed by senior Max Karson.
Now, some parents and students are questioning the policy, saying it hinders the right to free speech.
According to school officials, "The Crux" graphically describes masturbation, takes aim at school officials and diversity programming, names a student in a sexual context and talks about the publisher's own sexuality.
The forum, sponsored by the Amherst Regional High School Parent Center, was moderated by Lisa Kent, a member of the organization.
Guest speakers David Schimmel, a University of Massachusetts school of law expert and Jeffrey Pyle, a lawyer who specializes in First Amendment and media law, discussed the First Amendment law and their views on free speech.
"The material has to be obscene and cause a material disruption and interfere with the rights of others who have the right to be left alone," Schimmel said.
"Teachers think the newsletter is obscene, pornographic, racist and deeply disturbing," Kent said.
"I have read 'The Crux' and certainly think it has literary merit," Pyle said. "Vulgarity is in the eyes of the beholder."
The suspensions were all overturned, leaving the school and the community confused about the policy and its effectiveness to control what is distributed in school.
After the second suspension in September, school officials adopted a softer policy that allows "freedom of expression," removing the requirement to submit published material before it is distributed. The new policy "encourages" all students to submit the material before its distributed.
The policy states that it prohibits the distribution of material that causes disruption, is vulgar and considered obscene.
"Who decides what is considered obscene?" one parent asked. "My senior doesn't have a problem with it, but my freshman does," the parent said, talking about her two daughters that attend the school.
"It's a gray area, not a black and white issue," Kent said.
Kent said that is the reason the parents center opted for the forum. The mission of the center is promoting the well-being of the student body and stimulating discussion in the community.
Schimmel, who teaches education law at UMass and the Harvard Graduate School of Education, is co-author of five books and author of more than 50 articles about law and education.
Pyle, an associate at the Boston law firm Hill & Barlow, has experienced a similar issue in his high school years. He and his brother were suspended from South Hadley High School for wearing T-shirts that according to administrators, contained provocative language.
Pyle and his brother filed a lawsuit against the school committee in 1993, a case that made it all the way to the Massachusetts Supreme Judicial Court. The court ruled that state law protects student expression as long as it does not cause disruption in the school.
Some students, according to the Daily Hampshire Gazette, say Karson is misunderstood.
Karson has been suspended by the administration three times, the latest in November. All three suspensions were quickly rescinded after concerns were raised by the American Civil Liberties Union of Western Massachusetts.
William C. Newman, Karson's attorney, said that the appropriate response is more speech, and more productive speech.
"Can a school prevent a student from publishing materials on its grounds?" a parent in the audience asked.
"The answer is clearly no," Pyle said. "A school is a free speech zone for students to express their opinion and it's a part of education."
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