LAS VEGAS, Nev. (FOX5) – The Clark County School District must send new guidance on graduation regalia, a federal judge ruled Monday.
During an emergency court hearing Sunday, the ACLU brought forward a case regarding two stoles, one displaying the phrase “Black Girl Magic” on kente cloth and another representing the ACLU of Nevada’s Emerging Leaders Program, denied by administrators. The ACLU contended that they were lawfully protected forms of expression.
Per Judge Richard Boulware, CCSD is required to email graduates and administrators about the new guidance by 3 p.m. The updated policy will include:
- A maximum of five stoles and flat decorations and adornments on caps and gowns will be permitted to be worn by graduates at their graduations, provided decorations and adornments must not be lewd, obscene, vulgar, profane, promote violence, promote the use of illicit drugs, or constitute harassment, bullying, or discrimination.
- If a decoration or adornment is substantially disruptive or creates a material interference as described above, the graduate will be advised to remove the decoration or adornment to attend the ceremony.
- Besides stoles and flat decorations, and adornments discussed above, CCSD may still prohibit other graduation regalia items that substantially disrupt or materially interfere with the graduation ceremony, consistent with the First Amendment and state law.
The policy will apply to every CCSD high school and will not require pre-approval, according to the ACLU. This will include content on stoles and flat caps outside of CCSD’s guidelines with disruptive material.
The ACLU also stated that litigation with demands for damages may come if students are further barred from wearing the items.
“It was important for us to bring this case because if we didn’t, our client would have been prohibited from wearing her stole that reads ‘Black Girl Magic’ and those graduates in our Emerging Leaders Youth Leadership Program would have met the same fate depending on the school they attend,” said ACLU of Nevada Executive Director, Athar Haseebullah, Esq. “It was also important for us to ensure CCSD complies with the law and school faculty and administrators do not get to be the arbiters of the First Amendment based on their own viewpoints. Consistency matters across CCSD. The First Amendment is for everyone. ACLU of Nevada will always fight to make sure that’s a reality, and we are grateful to the Judge in this matter for hearing this case when he did in an emergency fashion. You only graduate high school once, and this moment is a time for graduates to celebrate their cultures, not experience censorship. We are grateful to spend our Memorial Day weekend defending the First Amendment.”
The ACLU is expected to provide further details about the ruling during a press conference at 2 p.m. Monday.
FOX5 has reached out to CCSD for comment.
This is a developing story, check back later for updates.
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