Parents Arrested For Cheering For Children At Their Graduation
It has been said that one does “not shed their first amendment rights at the school house doors.” However, in Mississippi, it appears not only have the children lost their rights but so have their parents.
We have all attended high school graduations, college graduations, etc and there is always an announcement to wait to applaud until ALL of the students have been called.
Also, there is always that family or friend that cheers a bit too loud or cheered a bit too long. We all roll our eyes and say things behind their back…until it is time for our family or friend’s turn and then we do the same.
Usually this is the end of the issue.
In Mississippi, one school administrator has determined that his admonition against praising your loved one was a more than a warning, it was a threat. The administrator has now involved law enforcement and has had family members arrested for “disturbing the peace.” Yes, people were ARRESTED for cheering at a graduation.
Not only is this objectively ridiculous, it is an abuse of power. Schools hold a special place in our jurisprudence in that administrators can restrict speech in a way to preserve the integrity of the school. However, this is generally extended to control of the students. In this case, the school is attempting to restrict speech of the proud parents and loved ones of the graduates.
There are multiple issues with this:
1) chilling speech and
2) arbitrary enforcement.
Chilling speech is the cornerstone issue with all speech restrictions. If the school took a moment and really thought about this issue, they would probably agree. It is better to encourage friends and families to congratulate their graduates. Besides, no one wants to attend a graduation that feels like a funeral. Also, this is an important milestone in the graduates life – let them enjoy it.
The more practical concern is the enforcement issue. In order for this rule to be legally enforced, the ban would have to be applied equally, which is both impossible and moronic.
The best way for this issue to be solved is simple: space out the names long enough to allow parents and friends to show their admiration. Yes, graduation will take a little longer…but no one will go to jail. Hopefully, law enforcement or the prosecuting authorities over this case see the fallacy of this case and do the right thing: dismiss it.
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