Civil Rights Groups Settle Lawsuit Over Middle School Student’s Free Speech Rights

DETROIT – The ACLU of Michigan and the Arab American Civil Rights League have settled a free speech lawsuit brought last year against Plymouth-Canton Community Schools. At issue was the treatment of D.K., a 14-year-old middle school student of Palestinian descent who, in reaction to events in Gaza, remained seated and silent while her classmates rose to recite the Pledge of Allegiance. D.K. was admonished by a teacher even though her actions were protected by the First Amendment.

Terms of the agreement include a commitment from the school district to provide diversity, sensitivity, and First Amendment training to leadership and staff. The district also agrees to not discipline D.K. for her actions, purge her files of anything that suggests her decision to remain seated was improper, and to provide counseling if needed.

D.K said this about the settlement: “This experience definitely had a big impact on me and my life. It was terrifying at times, scary to face a teacher and overwhelming with the attention that came with the publicity. But it taught me the importance of speaking up for what I believe is right. I feel proud of the outcome and of being part of something that reinforces how important free speech is. I've learned that even when it feels uncomfortable or risky, speaking out can make a difference -- not just for me, but for others as well.”

Jacob Khalaf said this: “My daughter has shown her strong moral fiber throughout all of this. She had the courage to resist when a person in authority tried to make her relinquish her right to free speech, and then, with the help of the ACLU and ACRL, brought a lawsuit to make sure her First Amendment rights, as well as those of others, were protected. That is a lot for anyone, let alone someone still in middle school. What she did should inspire us all.”

Former ACLU attorney Mark Fancher said this:

“As difficult as this has all been for our client and her family, their trauma has not been in vain. As a result of the lawsuit they brought against the district, leadership at Plymouth-Canton Community Schools has committed itself to improving the school environment for all students regardless of their national, racial, religious and ethnic backgrounds. That commitment is deeply appreciated. At a time of great turmoil and political conflict in the U.S. and around the world, the value of protecting free speech rights enshrined in the First Amendment has never been more important. This case is a timely reminder of the need to be especially tolerant and sensitive to the circumstances, fears and concerns of all students.”

Co-Counsel Nabih Ayad said this: “We are pleased with the outcome and resolution of this important constitutional matter that so many in the Arab American community welcome. The Arab American Civil Rights League is proud to have partnered with the ACLU on this important initiative where our freedoms are being put to the challenge by the powers that be.”