ACTION RESOURCES
Opt-out forms for high school students (this will open a new browser window)
ACTION RESOURCES
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
: : First Amendment to the Bill of Rights, U.S. Constitution
YOU CAN LEGALLY
• Distribute handbills on a public sidewalk or at the entrance to a park
• Hand out materials to students before they enter school grounds
• Have a table in a park that holds only printed materials
• Hold a demonstration, rally, or press conference on a public sidewalk
• March on a public sidewalk
you cannot legally
• Block pedestrians/business entrances anywhere
• Carry anything deemed a weapon
YOU CANNOT WITHOUT SCHOOL PERMISSION*
• Enter school grounds (boundaries may extend beyond building). Note: Schools should allow access to groups critical of the military or presenting differing opinions. Schools may not discriminate against a particular speaker, if any speakers are allowed. Also, if a school allows the military to recruit on campus, it can't keep out organizations offering information about jobs in the peace movement. Schools generally may engage in content discrimination but not in viewpoint discrimination.
YOU CANNOT WITHOUT A PERMIT
• March in the street
• Stage a march or rally of over 20 people in a public park
• Use a bullhorn, megaphone or other source of amplified sound
STUDENT BILL OF RIGHTS
All students are guaranteed the right to express opinions, support causes, organize and assemble to discuss issues and demonstrate peacefully and responsibly in support of them, in accordance with policies and procedures established by the New York City Department of Education.
: : Bill of Student Rights and Responsibilities, New York City Department of Education
AS A STUDENT YOU CAN LEGALLY
• Organize, promote and participate in organizations & political groups
• Circulate newspapers, literature or political leaflets on school property
• Wear political or other types of buttons, badges or armbands
• Post bulletin board notices within the school
PRACTICAL GUIDELINES
Students have a right to express their opinions, but schools can set restrictions (when, where and how). The U.S. Supreme Court (1969) decided that public school students have the right to free speech in school with exceptions (e.g., causing "material interference with school activities"). Schools also have the right to require review and prior consent of materials to be distributed. This review must be completed in a brief and definite period and there must be a standard criteria for approval or rejection.
CONTENT & DISTRIBUTION GUIDELINES
• Schools can forbid any materials with obscene, libelous language
• Schools can prohibit you from interfering with regular school operation (e.g., blocking halls and entrances)
PROBLEMS
If your school denies your right to freedom of expression, contact the New York Civil Liberties Union (NYCLU) at 212.344.3005.
AS A PARENT YOU CAN
• Ensure your child has opted out from military lists by turning in the opt-out form on p. 30.
• Ensure materials that discuss alternatives to military enlistment are provided in guidance counselors' offices and elsewhere on school campus.
• Do everything (legal) listed above
AS A RECRUIT
A recruit who has not signed a contract or is part of the Delayed Entry Program has no obligation to show up for boot camp. Anyone enrolled in the DEP can, at any time before entering basic training, get out of it with no obligation. DEP enlistees cannot be forced into duty.
The Army recruiting command regulation states: Under no circumstances will any [recruiter] threaten, coerce, manipulate, or intimidate DEP members, nor may they obstruct separation requests ... At no time will any [recruiter] tell a DEP enlistee he or she must 'go in the Army or he or she will go to jail,' or that 'failure to enlist will result in a black mark on his or her credit record,' or any other statement indicating adverse action will occur if the applicant fails to enlist. (USAREC Reg 601-56 § 3-1.c).
Despite regulations such as the above, there may be intense harassment and intimidation. Don't call, write, answer messages from, or be alone with a recruiter. Call the Center on Conscience & War (800.379.2679) or the GI Rights hotline (800.394.9544).
AS AN ENLISTEE
As an enlisted member of the military your rights are severely limited: If you leave without permission you can be arrested, any disobedience can result in criminal punishment, and you can be punished without the right to see a lawyer or have a trial—but you still have options. If you or someone you know has questions about legal rights in the military, contact the GI Rights hotline at 800.394.9544.