The American Civil Liberties Union of Illinois ("ACLU") and the Mexican American Legal Defense and Educational Fund ("MALDEF") urge Morton West High School to carefully consider its actions before suspending and in some instances to expelling numerous students for the alleged school disciplinary offenses of cutting class, gathering in a Cafeteria without permission, and disobeying instructions to leave the area and return to class. These disciplinary charges grow out of a peaceful anti-war protest.

The ACLU and MALDEF believe that the suspensions of 10 days and the extreme sanction of expulsion are grossly disproportionate to the alleged offenses. The school has publicly acknowledged that the alleged misconduct involved "a minor protest," that the protest was "non-violent," and that "[t]hroughout the day classes were held, lunches were served, and order was maintained." See Letter of November 2, 2007, from Principal John E. Lucas. The students did not injure any persons or property, or threaten to do so, and they did not prevent other students from obtaining an education. Discipline that is proportionate to the offense is an important element in the administration of our schools. When our public schools subject students to prolonged suspensions and expulsions for offenses like the ones alleged here, they fail in their duty to provide an appropriate education to all of our children.

We believe this is a unique opportunity for education on the political process, First Amendment freedoms, and issues arising from the national debate about the war in Iraq. School leaders are uniquely positioned to channel students' energy into productive community service. We hope school administrators seize this educational opportunity, and we look forward to working with educators to nurture students' civic engagement in a manner that is safe and productive for everyone.