Proposed Policy Would Violate Free Speech Rights of Student Athletes in Torrington

The American Civil Liberties Union of Connecticut is warning school officials in Torrington that a proposed policy censoring the speech of athletes at Torrington High School would violate the students’ First Amendment right to freedom of speech.

The draft policy, under consideration by the Torrington Board of Education, would allow school officials to punish student athletes for speech deemed “inappropriate” or “offensive” or behavior that would “cast an adverse reflection” on the school. ACLU of Connecticut Legal Director Sandra Staub wrote in a letter to Torrington School Superintendent Cheryl F. Kloczko on behalf of the Torrington High School Commission for Student Rights that the policy would be “an unconstitutional invitation for coaches and administrators to violate the First Amendment rights of student athletes.”

The letter urges the Board of Education to reject the policy, citing several cases in which courts held speech by students generally and student athletes specifically to be protected by the First Amendment.

As written, the policy would allow a student athlete to be punished for speech that is clearly protected, for example complaining about a coach who bullies players, politely disagreeing with a coach’s strategy, or expressing an honest belief that an opposing team engaged in unfair tactics.

“Further, and most preposterously of all, if a student athlete complains, in whatever forum, about a school policy or practice that has nothing to do with sports — say, that certain of its courses are poorly taught — under the literal wording of the policy, the athlete could be disciplined for ‘behavior which casts an adverse reflection on [the] school,’” Staub wrote.

The letter urges the Board of Education to reject the policy, warning that its adoption would expose the school district to a civil rights lawsuit.

The ACLU of Connecticut is a non-profit organization that defends, promotes and preserves individual rights and liberties under the U.S. and Connecticut constitutions. It is an affiliate of the American Civil Liberties Union. The Commission for Student Rights is a student organization formed earlier this year to protect the interests of students in Torrington.