First Amendment takes center stage at Grossmont Union district meeting

LA MESA – Members of the public agree: Free speech and freedom of assembly and religion are important. They just can’t agree on how the issues play out in public schools. 

Three actions at Thursday’s Grossmont Union High School District meeting touched on First Amendment issues, again showing the divide between two factions on the board – and the members of the public the majority faction continues to anger. That faction, however, appears to have gained a new ally.

The East County board conducted a first reading of changes to its religious policy after a Supreme Court decision this summer. Then, they passed a resolution in support of civil discourse following the death of First Amendment advocate Charlie Kirk.

Finally, they created a “no activity” zone outside the meetings after months of seeing protesters and Recall Scott Eckert signature gatherers rallying there. 

The motions garnered heated debate leading up to and during the meeting from the teacher’s union, the Grossmont Education Association, Kirk supporters and members of the Recall the Trustees movement.

Kirk and civil discourse

Decked in blinged-out red, white and blue with pro-America messages and signs honoring Kirk, a new group came to the meeting to show support for the resolution about civil discourse in school.

“In my 72 years, I only know of a couple assassinations that rocked our country like this one, and it rocked people because it revolved around freedom of speech,” said David Hoffman, who attended a meeting for the first time. “You may not agree with him, but he had the right to speak.”

No public commenters directly opposed the action, but some argued its wording undermined the commitment to fostering respectful discourse. They took issue with writing “public assassination” in all caps in a section about Kirk’s death.

Trustee Chris Fite, who is often a lone voice of opposition on the otherwise-unified board, echoed their comments and tried to add amendments that mentioned Democratic elected officials in Minnesota who were shot – one of them killed – in political violence.

“That needs to be in here; otherwise it defeats the whole purpose of this resolution,” Fite said. “We need to have balance.”

When his colleagues firmly denied him, Fite voted no on the resolution, as did the student board member.

Trustees Gary Woods, Rob Shield, Scott Eckert and Jim Kelly passed the resolution.

A ‘no activity’ zone outside meetings

The largely empty expanse outside the Grossmont High School theater and gym has become a frequent location for protests ahead of board meetings, as the board has faced opposition for decisions to cut all school librarians, change providers for mental health services and create a high-paid administration job amid teacher layoffs.

The demonstrations have been non-violent and protesters did not block entrances or exits, as is law. Private security has not removed individuals from the premises for endangering others.

Large-scale protests over removing school librarians have died down, but a movement to recall Scott Eckert over his role in the librarian cuts and alleged Brown Act violations has prompted organized efforts to gather signatures outside the meetings. 

In response, the board considered a proposal to create a ‘no activity’ zone outside meetings to prohibit picketing, protests, leafleting  or “other expressive activity.” 

Students, staff and community members saw the proposal as a political attack on their free speech that occurred because protests have opposed board actions.

“Your actions with this policy indicate that you do not value our rights as citizens,” said teachers association vice president Stephanie Macceca. “Instead, your actions send us an important message you do not want to see nor hear the voices that disagree with you.” 

In the hours leading up to the meeting, Superintendent Kristen Vital Brulte changed the resolution’s language so it only limited activity in the ingress and egress of the meeting, creating designated paths made by cones or other physical means, allowing people to enter and exit unimpeded. The zone would be no more than 10 feet wide.

“If you can imagine, it’s like a little sidewalk path. The path shall be as narrow as practicable,” Vital Brulte said. “It was never intended to limit speech.”

With the new language, Fite felt the policy was better but still wanted more time to review it.

“This language is light years better than the original language,” he said. “But, as (with) many of you, this is the first time I’ve seen this. I’m not comfortable, and I’m sure many of you are not, so I’d like to table this motion until next month.” 

His motion to table failed and the remaining board members passed the resolution.

Updated religious policy

The final action item touching on the First Amendment was an update to the district’s religious policy in the wake of Supreme Court decisions on the role of staff leading prayer in public schools and students opting out of curricula that conflict with religious beliefs, something already permitted under California law.

“It’s our goal to enhance the recognition of multiple religious beliefs and customs in our community, as well as to clarify the religious rights of students and staff based on these recent Supreme Court decisions,” said Woods, the board president.

Old language barring staff from leading students in prayer would be replaced to specify that staff “shall not coerce or lead students in prayer or religious activities as part of their official duties and during their established work hours.”

“It’s actually amended to the point where I could support it,” Fite said.

The trustees did not vote as this was a first reading of the resolution. It will be taken up again at the Nov. 13 meeting.