Delaware ACLU Defends Student Protests & First Amendment Rights in Schools

Delaware Students’ Protest Rights Affirmed by ACLU

DELAWARE – The American Civil Liberties Union (ACLU) of Delaware sent a letter on Thursday, February 12th, to all school superintendents across the state, reminding them of their obligation to protect students’ First Amendment rights and foster civic engagement in schools. This follows peaceful student demonstrations against the actions of U.S. Immigration and Customs Enforcement (ICE) and concerns raised regarding potential disciplinary measures.

On February 2nd, five students at Cape Henlopen High School organized a student-led walkout in connection with concerns about immigration law enforcement, according to Telemundo del Marva. A week later, on February 11th, students at Sussex Central High School gathered for a peaceful walkout to express similar concerns.

The ACLU reported that the recent protests have prompted anxieties among students, parents and community members about potential school disciplinary actions.

According to the ACLU of Delaware, the letter serves to reiterate the legal responsibilities of school districts regarding student freedom of expression. The organization emphasized that students do not forfeit their constitutional rights upon entering school grounds.

“Protecting the constitutional rights of Delawareans means protecting the rights of students as well. Students do not check their First Amendment rights at the door when they enter school,” said Mike Brickner, executive director of the ACLU of Delaware. “Delaware youth, like many of us across the country, feel strongly about the injustices that they see around them. When that passion manifests in the form of protest, our students are honoring our most foundational rights as a nation: freedom of speech and expression.”

Brickner added that the ACLU is available to provide guidance on the best ways to protect these constitutional rights.

The protests come as students grapple with the impact of ICE actions on their communities. Giovanni Tiano, Senior Class President at Sussex Central High School, organized a walkout after a longtime family friend was detained by ICE in Georgetown on February 4th. “This is something that has been impacting the students in our school and also the families in our community,” Tiano said, recalling the detention of Raul Tapia Rodriguez.

The ACLU’s letter to superintendents, sent on February 12th, underscores that students’ First Amendment rights – which can include wearing expressive clothing, circulating petitions, handing out literature, or speaking out – are protected within the school environment. The organization reminded schools that any discipline for walkouts cannot be more severe than punishment for any other unexcused absence.

The ACLU of Delaware’s intervention comes as students across the state continue to demonstrate against ICE policies, signaling a sustained wave of student activism. The organization’s statement emphasizes its commitment to supporting students’ rights to civic engagement and advocating for issues important to them.