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Statement of Mark Silverstein,
ACLU Legal Director,
Announcing Suit Against Denver Public Schools

ACLU NEWS CONFERENCE
April 2, 1996

During times when school is not in session, the Denver school board has made its auditoriums and other facilities available to community groups. The school board did not have to make its facilities available to the public. But once it chose to do so, the school board is bound by the Constitution. When the government opens a forum to public use, it must make that forum available to all responsible groups, without regard to their point of view.

The Million Man March Local Organizing Committee has presented programs in school facilities in the past, and it wishes to do so again. But last week, members of the school board announced publicly that they would refuse permission for any further after-school programs sponsored by the Committee. The reason: the members of the school board do not like the points of view that they believe would be presented.

Yesterday, the school board formally denied the Committee’s application to use the facilities at Washington High School.

In these circumstances, by excluding speakers from a public forum simply because of their point of view, the school board has violated the Constitution. This is plain, simple censorship. For that reason, the ACLU of Colorado has agreed to take action. This morning, ACLU volunteer attorney David K. Rees has filed suit against the school board. The lawsuit seeks a court order that will overturn the school board’s decision.

By acting as a censor, the Denver School Board is teaching the wrong lesson to our young people. The school board is responsible for ensuring that students learn history, civics, American government. The Denver School Board is responsible for training the next generation of voters. Instead of acting as a censor, the school board should be training our young people for full and responsible participation in our democratic system. There is no place for censorship in our American system. Instead of acting as a censor, the school board should be teaching basic American values, like freedom of expression.

If the school board were getting a report card, it would get an F. It gets an F in American history and government. It gets an F in civics.

We have asked the school board to participate in a remedial class in the very traditional American value of freedom of speech. That class will be held in federal district court.

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