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Constitutional law expert explains student free speech rights after Avon High School ICE protest

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AVON — Students at Avon High School walked out of class to protest ICE enforcement actions on Thursday.

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Constitutional law expert explains student free speech rights amidst walkouts

High school senior Fred Whittman was among the students who gathered outside the school to make their voices heard on immigration enforcement.

"What's really important is when people come together in numbers, like all the people right here," Whittman said. "We're coming together, and we're showing the amount of people in Avon who recognize what's wrong who want to stand up to this."

The students said they couldn't wait until after school to express their views on the issue.

"Remember that you're on the right side of history. You're doing what's right," Whittman said.

Avon Community Schools Corporation said it allowed students to participate in the walkout as long as parents requested early dismissal for 2 p.m.

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Parent Debby Nauta said the policy struck the right balance between supporting student expression and maintaining school order.

"Why would we silence them? My daughter teaches me things. She's more informed on this than I am," Nauta said. "They're not learning this at home. They're learning it on their own, and they're forming their own beliefs, and I think it's important that we allow them to do that."

Constitutional law expert Steve Sanders from the Maurer School of Law at Indiana University Bloomington said students have rights to protest, but those rights come with limitations.

"Students have a right to walk out if it is consistent with their school's overall attendance policy," Sanders said.

Sanders, who has no connection to the students or schools involved in the protests, explained that the Supreme Court has ruled students must still follow school rules while exercising free speech.

"The bottom line is that students don't get a pass from ordinary school rules just because they're engaged in speech," Sanders said.

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For Whittman, the protest was about fundamental human dignity.

"You're doing the right thing to treat others equally like they should be treated," Whittman said. "You're not above anybody else, and just remember that everybody is a person. They deserve rights."

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Adam Schumes is the In Your Community reporter for East Side Indy. He joined WRTV in December of 2021. Adam has a passion for telling stories and giving people a voice they might not have had before. Share your story ideas and important issues with Adam by emailing him at adam.schumes@wrtv.com.