GLSEN statement on the Saxe v. State College ruling

The following may be attributed to GLSEN Executive Director Kevin Jennings. It was issued in response to the Third Circuit Court of Appeals' decision that the State College Area School District anti-harassment policy was "overly broad" and violated free speech protections.

NEW YORK (February 16, 2001) -- Anti-gay harassment and discrimination are a regular part of school life for lesbian, gay, bisexual and transgender (LGBT) students. In America’s schoolhouses, anti-gay epithets have emerged as the epithet of choice. Our 1999 national school climate survey revealed that 61 percent of LGBT students had been victims of verbal harassment at school. This abuse places a barrier between an entire category of students and its right to access an intimidation-free learning environment. Though we’re in the process of reviewing the decision, GLSEN agrees with the Court’s premise that no one is well served by policies that place an unreasonable restriction on free speech -- that are, indeed, “overly broad.” However, freedom of speech does not equal the freedom to harass, which is why anti-harassment policies remain a necessary and appropriate tool to ensure equal educational access for all. It appears that nothing in this case undermines or contradicts that assertion. As the court said in its ruling, “preventing discrimination in the workplace and in the schools is not only a legitimate, but a compelling, government interest.” GLSEN will continue its work to prescribe and advocate for policies that strike a balance between our precious right of free speech and the right of every American student to an education free from intimidation and harassment.