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January 11, 2016

Mr. Bruce Watson
Superintendent
Fair Lawn Public Schools
37-01 Fair Lawn Avenue
Fair Lawn, NJ 07410
Via email: bwatson@fairlawnschools.org
Dear Mr. Watson,
As an organization dedicated to the integrity of the public education system and the
application of First Amendment law and principles in public institutions, we write to
express concern about the investigation of a student, Bethany Koval, because of posts she
made on her personal Twitter account.
As we understand it, Ms. Koval used Twitter to express views critical of Israel, which
angered another student who subsequently unfollowed her. Apparently, that student
complained to Fair Lawn High School administrators and accused Ms. Koval of
harassment. Thereupon, Ms. Koval was summoned to the principals office and told that
her tweets could get you in trouble. She expressed the view that her posts were not
problematic, even if they were maybe controversial. In response, an assistant
principal said thats your interpretation, adding theres a state law that might interpret
it different, apparently referring to New Jerseys Anti-Bullying Bill of Rights Act.1
Based on this account, it appears that Ms. Koval has been threatened with discipline
simply for expressing controversial political views that upset another student. However,
this kind of off-campus speech is fully protected by the First Amendment, and any action
to threaten or intimidate her raises serious First Amendment questions. E.g., Layshock v.
Hermitage School District, 650 F.3d 205 (3rd Cir. 2011) and J.S. v. Blue Mountain School
District, 650 F. 3d 915 (3rd Cir. 2011). Recently another district in New Jersey settled a
First Amendment lawsuit over discipline of a student for tweets critical of the principal;
the district agreed to pay for the students legal fees, rescind the disciplinary action, and
expunge references to the incident in the students records.2
The state anti-bullying law is not intended to chill or penalize protected speech. The State
Department of Education makes that clear when it instructs that schools must continue
to conform to all applicable case law and statutes, including Saxe v State College Area
1

https://www.washingtonpost.com/news/morning-mix/wp/2016/01/08/a-n-jteen-who-tweeted-israel-is-a-terrorist-force-was-called-to-the-principals-officefor-bullying/
2
http://www.workplaceprivacyreport.com/2014/08/articles/socialnetworking/update-suit-against-school-district-regarding-tweet-settles/

School Dist., 240 F. 3d 200 (3d Cir. 2001); Davis v. Monroe County Board of Education, 526 U.S. 629
(1999) .3 Saxe affirms the First Amendment rights of students; Davis held that, to be discriminatory,
verbal harassment must be so severe, pervasive, and objectively offensive, that it effectively bars the
victims access to an educational opportunity or benefit.
We are encouraged that Fair Lawn Public Schools released a statement acknowledging that it recognizes
and respects individuals' First Amendment rights to free speech. We hope that this statement signals the
end of any action by school officials to intimidate or threaten Ms. Koval for her tweets. An apology to her
would go a long way to clarify that the district genuinely respects the rights of students. Rather than being
subjected to intimidation, students like Ms. Koval should be praised for their willingness to engage in
public discussion about pressing political issues.
Efforts to prevent bullying and harassment are critical, but the existence of one problem does not provide
license to ride roughshod over students constitutional rights. The protection of students can and must
be achieved without infringing the very rights we teach our children are the basis of our democracy.
Please do not hesitate to contact us if we can be of further assistance.
Sincerely,

Joan E. Bertin, Esq.

Executive Director
National Coalition Against Censorship

CC: Mr. James Marcella, Principal, Fair Lawn High School,

jmarcella@fairlawnschools.org

http://www.state.nj.us/education/parents/bully.pdf