Like spring perennials, the ads and the yard signs are back. Campaign season has been in full swing thanks to May’s primary and candidates are now looking to November’s general election.
As a nonpartisan organization that does not endorse or oppose candidates, much of our electoral work focuses on general voter education and voting rights defense. But this year, an urgent request added a last minute addition into that work plan: a western Nebraska school district, Potter-Dix Schools, was planning an event that raised community concerns.
Emails from district employees show they were planning to “take all students that are here that day over to listen to [Nebraska gubernatorial candidate] Pillen” and ask questions about “the future of agriculture and civic responsibilities.” Prepared student questions ranged from gun rights to “mitigating Biden’s 30 by 30 plan.”
The event, which was canceled after we reached out, could have violated the U.S. Constitution and state law.
Here’s why.
The First Amendment bars public schools from compelling staff and students to pledge support for a political candidate or to adopt any particular political view. That’s why school districts should be cautious about taking any actions that could be interpreted as displaying political partisanship or pushing it on staff and students.
The event could have also violated Nebraska’s Political Accountability and Disclosure Act, which prevents use of public resources for the purpose of campaigning for the election of a candidate. Similarly, Nebraska Department of Education regulations restrict political activity by school staff during school hours.
Although an email from Superintendent Adam Patrick said Pillen would not be delivering his “‘vote for me speech,’” questions provided to event organizers certainly wouldn’t have been out of place at a campaign event. For example, students were ready to ask about Pillen’s positions on property tax relief and the State Board of Education’s draft health education standards.
Even though the U.S. Supreme Court has clearly affirmed students’ rights, unconstitutional activities and legally suspect events remain concerningly common in our public schools. The bottom line is that teachers and administrators have a responsibility to respect their students’ rights and that includes providing a learning environment that is free of compelled partisan activities.
We will always be ready to defend those rights.
We encourage students, as well as their parents and guardians, to know your rights and to speak up when those rights are violated.
Think your rights have been violated? Get started on our Get Help page.
