ACLU Nevada Prevails in Emergency Court Hearing on Graduation Regalia Policy

LAS VEGAS – The Clark County School District will send new guidance to graduating seniors and school administrators Monday under an agreement reached with the American Civil Liberties Union of Nevada.

Federal Judge Richard Boulware ruled during an emergency court hearing Sunday that two stoles, one which displayed the phrase “Black Girl Magic” on kente cloth and one representing the ACLU of Nevada’s Emerging Leaders program were lawfully protected forms of expression. The stoles were previously denied by a school administrator.

Under the agreement, CCSD will email graduates and administrators and advise the following by 3 p.m. Monday:

• A maximum of five stoles and flat decorations and adornments on caps and gowns will be permitted to be worn by graduates at their graduations, provided decorations and adornments must not be lewd, obscene, vulgar, profane, promote violence, promote the use of illicit drugs, or constitute harassment, bullying, or discrimination.
• If a decoration or adornment is substantially disruptive or creates a material interference as described above, the graduate will be advised to remove the decoration or adornment to attend the ceremony.
• Besides stoles, flat decorations, and adornments discussed above, CCSD may still prohibit other graduation regalia items that substantially disrupt or materially interfere with the graduation ceremony, consistent with the First Amendment and state law.

The policy will apply to every CCSD high school. Pre-approval of stoles and flat cap decorations will not be pre-required for graduates to wear them, effectively waiving pre-approval deadlines for these items. Additionally, the content on those stoles and flat caps outside of the exceptions above will be permitted to be worn.

CCSD will work on a revised policy to share with ACLU of Nevada before the full case is disposed of. ACLU of Nevada has urged school administrators who receive the notice to ensure their staff is compliant and do not impermissibly bar students from wearing their stoles or caps pursuant to this agreement, or additional litigation that will include demands for damages are likely.

ACLU of Nevada executive director Athar Haseebullah said:

“It was important for us to bring this case because if we didn’t, our client would have been prohibited from wearing her stole that reads “Black Girl Magic,” and those graduates in our Emerging Leaders Youth Leadership Program would have met the same fate depending on the school they attend. It was also important for us to ensure CCSD complies with the law and school faculty and administrators do not get to be the arbiters of the First Amendment based on their own viewpoints. Consistency matters across CCSD. The First Amendment is for everyone. ACLU of Nevada will always fight to make sure that’s a reality, and we are grateful to the Judge in this matter for hearing this case when he did in an emergency fashion. You only graduate high school once and this moment is a time for graduates to celebrate their cultures, not experience censorship. We are grateful to spend our Memorial Day weekend defending the First Amendment.”