School Leader's Plea for Peace Sparks Controversy

BALTIMORE, MD - As city leaders prepare for the verdict in the trial of Officer William Porter, the ACLU has taken issue with Baltimore City Public Schools CEO’s request that students refrain from walking out of school.

The CEO of Baltimore City Public Schools issued a letter to the community Monday as the jury began deliberations, asking the community to help prepare students to act “responsibly and safely in the event that disorders occur.”

Specifically, school leaders said “student walkouts, vandalism, civil disorders and any form of violence” would not be tolerated.

The American Civil Liberties Union (ACLU) in Maryland immediately took a stand.

“Students have a First Amendment right to state their opinion and organize in the community,” the Maryland ACLU’s Executive Director Susan Goering said in a statement.

The trial of Officer Porter, one of six Baltimore Police officers charged in the death of Freddie Gray in police custody, presented a teachable moment, according to Goering.

After Gray’s funeral on April 27, city students participated in violence that escalated into riots near Mondawmin Mall.

“The school system’s letter assumes that students would engage in violent acts...and it misses an opportunity to affirmatively engage students who want to be politically engaged on these issues,” Goering said.

• Baltimore Schools CEO ‘Very Concerned’ for Trial’s End
• Could One Officer Have Prevented Freddie Gray’s Death?

The ACLU was not alone in its concern about the effect the letter may have on the community.

Lawyers for Officer William Porter reportedly asked Judge Barry Williams to declare a mistrial on Tuesday as a result of the letter.

Defense attorney Gary Proctor said that the letter from the school system showed the sensitive nature of the case in the city, asking that the trial be moved out of Baltimore, according to Reuters, which reported Williams responded by saying that jurors had daily been reminded of the need to be impartial.

The defense has previously asked that the trial be moved, and Williams denied the motion then too.

Jurors were still meeting about the case Tuesday afternoon, in day two of deliberations.

• Baltimore Mayor Activates Emergency Operations As End Nears in Porter Trial
• Gray Family to Receive $6.4M in Wrongful Death Settlement

Full Statement from ACLU of Maryland’s Executive Director Susan Goering on Dec. 14

“The letter sent today by the Baltimore City School System to parents, students, and community members regarding potential protests related to the trials of officers charged the death of Freddie Gray misses an opportunity to constructively engage with students. The school system’s letter assumes that students would engage in violent acts, assumes that students only want to express their emotions, not rational views about the conduct of police and lack of accountability, and it misses an opportunity to affirmatively engage students who want to be politically engaged on these issues.

“Baltimore City is experiencing a historic moment. Yet the school system’s letter creates a sense that the school leadership does not want students to talk about the issues raised by Freddie Gray’s death or how the justice system is addressing it. The school system’s letter could instead foster constructive conversation about those issues as part of students’ civic education.

“Students have a First Amendment right to state their opinion and organize in the community. Participating in a walk-out from school is a form of peaceful civil disobedience, and should be handled by schools as any other unexcused absence is addressed. And if students engage in violent acts or vandalism outside of school, they face criminal sanctions, like any other person. But students cannot be punished in school for actions that take place out of school, absent some nexus to school activities or in school consequences. The school system’s letter ignores these rules, and could result in, and seems to be having the effect of, chilling legitimate, peaceful protest activity.”