Guest column: In Oklahoma, even volunteer school board members have First Amendment rights
A little over a year ago, I wrote about the dangers of censorship of our educators and students.
Our students still don’t feel safe talking about equity and racism, and neither do our educators. With baseless threats and outright action taken against school districts across the state, without due process of law, it’s no wonder.
A small faction of parents and outside lobbying groups are trying to push the same speech infringement mandates upon our elected officials, especially our volunteer school board members. And their motive: to punish our response during COVID regarding remote learning and masks and push their voucher agenda to destroy public education and use public funds to fund private schools at the expense of all kids. (Behind the 'grassroots' movement for Oklahoma school vouchers championed by Ryan Walters)
I serve as a member of the Deer Creek School Board. I’ve been yelled at, threatened, called names, bullied and even had one patron create an unflattering Facebook page with me as the target. I’ve had my minor child’s pictures blasted across social media, and we have been used in various memes, all in an attempt to get me to “shut my mug and resign.”
My answer remains the same today as it has been: No, I will neither shut my mug nor resign.
I pushed back on a parent who insisted that racism does not exist and that he will decide whether to teach his child that white supremacy is wrong. He moved here to Deer Creek from California, and I privately suggested that if he thought Deer Creek was somehow not going to continue to teach historical principles according to state standards, he was sadly mistaken and might consider time travel to before the Civil Rights Act or try another state.
I’ve pushed back and challenged people and candidates who flat out lie about the district and its educators and students, all for political gain.
I have parents right now “gathering content” they deem “inappropriate” in my responses to the above. I used the same word play as they did with their Facebook page, and I have been called to be burned at the stake, or at the very least removed from office and censured. But when (state schools Superintendent) Ryan Walters calls me names for my op-ed, it’s all right. When men create unflattering social media content and make repeated threats, that’s OK, too. The hypocrisy and double-standard against female leaders who clap back in defense of our kids, our educators and free speech has no bounds in our community.
And while some may not like my voice, my writing, my approach, I am well within my rights to do so.
To quote Justice Abe Fortas from the U.S. Supreme Court case of Tinker v. Des Moines Independent Community School District, 393 U.S. 593 (1969): “[I]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Neither do volunteer, elected school board members. (See also Bond v. Floyd, 385 U.S. 116 (1966) and Republican Party of Minnesota v. White, 536 U.S. 765 (2002). Jenevein v. Willing, 493 F.3d 551, 557-558 (5th Cir. 2007).
I have the right to personally campaign for or against candidates for office. I have the right to comment via my personal social media platforms on issues that are important to me. I have the right to share information about candidates. I have the right to defend students and educators. I have the right to write this article. And I should be able to do all of the above without threat of censure, harm or infringement, all of which is content-based and illegal as hell.
If you don’t like it or me, guess what? You get to campaign and vote against me when I run for reelection. That’s how our democracy works in this amazing, beautiful country of ours. Contrary to your wishes, you don’t get to remove me from office or burn me at the stake for expressing my First Amendment rights. To do so creates a dangerous precedent for us all.
Lorrie Bamford is a member of the Deer Creek School Board.
This article originally appeared on Oklahoman: Guest: School board members have First Amendment rights, too
