Flathead High School senior Barrie Sugarman will be given a Jeanette Rankin award by the American Civil Liberties Union of Montana for her role in demonstrating First Amendment rights for public school students.

The award recognizes people or organizations dedicated to upholding civil liberties.

The award is based on Sugarman’s role organizing a “T-shirts for Tinker” demonstration at the school in May. The demonstration included an estimated 25 to 30 students who wore shirts decorated with slogans such as “Legalize Gay” or “Legalize Equality” to school. 

The small demonstration was spurred when, according to Sugarman, a close friend was told at school to remove a shirt that read “Legalize Gay.” 

“She was advocating marriage equality and administrators asked her to remove the shirt,” Sugarman said. “Obviously this was a violation of our constitutional rights as students. Just because the issue was controversial didn’t give them justification to remove it. She changed her shirt and was really upset about it.”

Sugarman created an online Facebook event for “T-Shirts for Tinker” based on the Tinker vs. Des Moines Independent Community School District Supreme Court case she learned about in a government class. 

The Tinker case involved high school students who were suspended after refusing to remove black armbands they wore in protest of the Vietnam War after the school board had banned them. 

The Supreme Court decided in 1969 that students do not have to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” a decision Sugarman has memorized.

School administrators tell a different story about the T-shirt in question.

Flathead Assistant Principal Michele Paine said she talked to the student initially wearing the “Legalize Gay” shirt.

Paine said she did not tell the student to remove the shirt, but advised that she should cover it up because it might attract negative or unwanted attention.

“It was suggested that the shirt might bring some attention you may not want and out of your own protection you may think about putting a sweatshirt over it,” Paine said. “It was her option. The student in question was never told they were in violation of the dress code. The student was never told point-blank to change.”  

 Paine said the student might have misinterpreted the conversation.

“She is a good student, never has been in trouble, maybe she thought she was in violation after the conversation we had in my office,” Paine said.

Paine said if the student was violating the school dress code, there would have been a standard procedure documented through parent and teacher notification if a student had to miss a class to go home and change. 

Paine and Principal Peter Fusaro agreed that in a school of more than 1,500 students, if safety is a concern, administrators would act on the side of caution. 

“It breaks down to a school safety issue as with any First Amendment issue,” Paine said. “Schools have the right to censor and monitor things when safety is an issue. Our job is to protect students and staff at the school. We’re not a public college or public university.” 

Sugarman said her friend’s shirt was not a safety issue. 

Regardless if it was or not, Sugarman said, her friend should not have been asked to cover the shirt or forgo First Amendment rights in fear of her personal safety. Instead, students who are intolerant or threatening should face disciplinary action.

The Jeannette Rankin award ceremony will be at 6 p.m. Dec. 1 at Missoula Winery and Events Center, 5646 W. Harrier, Missoula. Register at www.aclumontana.org.

Reporter Hilary Matheson may be reached at 758-4431 or by email at hmatheson@dailyinterlake.com.