Chuck Douglas is a former State Supreme Court Justice who practices law in Concord.

On Tuesday, Sept. 17, the Bow school system clearly violated the First Amendment when it told a resident he could not come on school property “until further notice.” His offense? Wearing a pink armband with two XXs on it.

Bow residents Andy Foote, Kyle Fellers, and others believe that biological males should not play sports on women’s teams. The New Hampshire legislature and Gov. Sununu agree and just recently enacted a law to that effect. While the federal court has stayed the law, that does not mean nonviolent citizens at a public place cannot silently protest with an armband.

Several parents showed up to watch the soccer game between Bow and Plymouth Regional High School wearing pink armbands as symbols of support for girls-only sports. Sports officials stopped the game, demanded the pink armbands be removed, and issued police-enforced “no trespassing” orders against at least two parents.

Anthony Foote said: “My daughter’s playing in the homecoming game this weekend, and I’m banned until the 23rd. I can’t watch her play in homecoming – which is ridiculous.”

It is ridiculous, but schools apparently need to be reminded about the First Amendment.

Back in 1995 at the Londonderry annual school meeting, Patrick Sheridan attended wearing a sweatshirt that said, “It Shouldn’t Hurt to be a Londonderry Homeowner.” Of course, the content of the message offended the pro-tax school moderator, so Mr. Sheridan was not allowed to attend if he wore the shirt. $22,000 in taxpayer money was paid to Mr. Sheridan after he filed suit in federal court.

Magistrate Judge James Muirhead said: “The school district erred by calling Mr. Sheridan’s shirt a “sign” and by banning it because it might have offended others seated near Mr. Sheridan. Other voters with writing on their clothing were not excluded.”

Article continues after...

Yesterday's Most Read Articles

Closed Magdalen College in Warner, with 129 acres, is for sale

Study says New Hampshire’s ‘civic health’ is declining as we get more isolated and suspicious

Owner of former Covered Bridge Restaurant in Contoocook seeks tax relief for new tavern

Federal judge rules Bow parent can attend school games after protesting transgender athletes

Construction begins on commercial portions of Manchester Street development

Happily ever after: The Wedding Place helps couples plan affordable ceremonies

Your Daily Puzzles

Cross|Word

Flipart

Typeshift

SpellTower

Really Bad Chess

Being offended by a MAGA hat or a rainbow tee-shirt is part of life at a game, and those offended have to suck it up. Once governments start censoring the message, they are way over the line.

Mike Graham of the New Hampshire Journal reported that he observed videos of the game and found, “No disruptive actions such as shouting, chanting, marching, sign-waving, etc. Parents and fans are sitting in chairs or standing along the sidelines. The only activity was some parents complaining about the pink armbands. Those complaining parents, and not the girls sports supporters, caused whatever disruptions that occurred.”

In the Vietnam War era, student John Tinker wore a black armband at his high school in Iowa to silently protest the war. The school suspended him, and his federal lawsuit made it to the United States Supreme Court. In its 1969 opinion, the Court said, “The First Amendment right of free speech includes not only the affirmative right to speak, but also the right to be free from retaliation by a public official for the exercise of that right.”

Title IX cannot supersede the First Amendment. In a huge violation of a parent’s right to attend a public event like a soccer game, Superintendent Marcy Kelley told Kyle Fellers:

“I am writing to inform you that you are hereby prohibited from entering the buildings, grounds, and property of the Bow School District, including but not limited to all school administrative office buildings, parking lots, and athletic fields, until further notice. You are also prohibited from attending any Bow School District athletic or extra-curricular event, on or off school grounds.”

Bow owes the parents an apology as soon as humanly possible for retaliating against a message that it thinks is not politically correct. If someone wore a Dos Equis beer tee-shirt, would they be banned in Bow? Doubtful.