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Cleveland County faces lawsuit after LGTBQ+ ban on school club

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carolinapublicpress.org – Lucas Thomae – 2025-02-14 08:00:00

‘Indecent’ proposal: An NC school club’s plan to test their LGBTQ+ trivia skills is game over — for now

Public school students have fought for the right to express themselves going as far back as the 1940s, most notably during the 1960s and well into the age of social media. Over the years, the Pledge of Allegiance, prayer in schools, the Vietnam War and even Snapchat have been debated. A lawsuit recently filed against Cleveland County Schools, in the western part of the state, could provide the latest addition to the canon.

A student is suing the school district after it prohibited a high school club from playing a quiz game centered around LGBTQ+ history and pop culture.

A complaint filed in U.S. District Court by the American Civil Liberties Union of North Carolina alleges that the county violated free speech protections in the U.S. and state constitutions, as well as federal law, by banning Shelby High School’s Activism Club from playing the game.

Cleveland County school officials claimed they were justified in forbidding the activity, arguing that the quiz game was “indecent based on community standards.” They pointed specifically to references of “bisexuality” and “cigarettes” as examples.

The ACLU’s attorneys see it differently.

The speech in question was political in nature, not indecent, they say. And decades of precedent from past U.S. Supreme Court rulings indicate that students do not shed their constitutional rights once they arrive on campus.

“The school is blatantly violating our client’s First Amendment rights and trying to suggest that a game that is text only, depicts nothing sexual in nature and just acknowledges the existence of LGBTQ+ people and their contributions to society is somehow indecent, lewd or obscene,” ACLU attorney Ivy Johnson told Carolina Public Press. “They’re essentially trying to erase (LGBTQ+ people) from the conversation, which is both a First Amendment violation and extremely dangerous.”

Controversy in Cleveland County

The plaintiff in the case is the student who founded the school’s Activism Club, a 17-year-old referred to in the complaint as M.K.

The club meets monthly during the regular school day — a “flex period” from 10:45 a.m. to 11 a.m. 

Students are allowed to use the flex period as they wish. The Activism Club often uses the time to “discuss issues of public interest that are not covered in the official curriculum,” according to the complaint. Some of those have included the Black Lives Matter movement, Women’s History Month, breast cancer awareness, suicide prevention and the war in Gaza.

M.K. first proposed the club play a “Jeopardy!”-style quiz game called “LGBTQ+ Representation” in April 2024 during her sophomore year. The quiz, which M.K. created, featured questions asking club members to identify famous LGBTQ+ individuals including politician Harvey Milk, pop star Lady Gaga and comedian Ellen DeGeneres.

Although the club’s faculty advisor, a school counselor, thought the game was a good idea, Shelby High School Principal Eli Wortman decided that students would need to have permission from their parents in order to play.

Because of this, the scheduled date for the quiz game was postponed until the next school year. It was then that M.K. proposed her club play the quiz game last October.

Her proposal was again denied, but this time the rejection came from Cleveland County Schools Superintendent Stephen Fisher via a school board liaison.

That led to lawyers becoming involved.

In early December, Johnson sent a letter to Cleveland County Schools warning administrators that they violated M.K.’s First Amendment rights by prohibiting the club from playing the game.

Six weeks later, an attorney for Cleveland County Schools replied with a three-page letter, clarifying the policies used to make the decision and insisting it was done in a “content-neutral” manner.

Word to the wise

There’s a storied history of Constitutional civil cases that have determined the extent to which public schools can regulate the speech of students.

Perhaps the most famous is Tinker v. Des Moines in which high school student Mary Beth Tinker successfully sued her Iowa school district for First Amendment violations after she was prohibited from wearing a black armband to protest the Vietnam War.

The U.S. Supreme Court decision in Tinker is the origin of the famous maxim that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gates,” and it served as the basis for many future school cases.

Public schools can regulate lewd or profane speech as well as that which encourages illegal drug use, the U.S. Supreme Court has ruled.

In 1983, high school student Matthew Fraser unsuccessfully tried to bring a First Amendment claim after being suspended for making a sexually suggestive speech at a school assembly.

In 2007, another student’s First Amendment challenge failed after being suspended for holding up a banner that read “BONG HiTS 4 JESUS” at a school event.

As far as the Cleveland County situation, the complaint alleges the school board may have violated federal law through its unequal treatment of student groups in a “limited open forum.”

The Equal Access Act, passed by Congress in 1984, makes it unlawful for schools that receive federal funding to discriminate against students meeting within a limited open forum, such as school-sanctioned club meetings, on the basis of the speech at those meetings.

“They’ve created this flex period during the day where school clubs and groups can meet,” Johnson said. “In creating this time period, what the school has done is they’ve created this open forum for students. So therefore they cannot discriminate against the Activism Club for wanting to play this game while allowing all these other student groups to discuss whatever they want.”

This article first appeared on Carolina Public Press and is republished here under a Creative Commons license.

News from the South - North Carolina News Feed

NC man shot by officers after refusing to drop ax, dies at hospital

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www.youtube.com – ABC11 – 2025-03-19 20:18:15


SUMMARY: A man was shot and killed by police in Pinehurst after allegedly charging at first responders with an ax during a house fire. The incident occurred around 8:00 a.m. on Remington Lane when officers arrived at a suspicious scene. Firefighters were working to control the blaze when a man, in his late 20s or early 30s, grabbed an ax left at the door and advanced on the responders. Despite commands to drop the weapon and a taser being deployed, police shot the man in self-defense. He later died at the hospital. The officers involved are on administrative leave, and an investigation is underway.

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The identity of the Pinehurst man who was killed is being withheld until the family can be notified.

Story: https://abc11.com/post/pinehurst-man-killed-axe-firefighter-officer-involved-shooting-remington-lane/16050150/
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Durham legislators fill bill to create affordable housing for teachers

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www.youtube.com – WRAL – 2025-03-19 20:09:15


SUMMARY: Durham County aims to create affordable housing specifically for teachers to attract and retain educators in the face of rising living costs. Inspired by initiatives in other North Carolina counties, local legislators seek permission for the county and school district to build housing with 75% reserved for teachers. This proposal, backed by State Rep. Marsha My and supported by Durham Public School leaders, addresses concerns about educators being priced out of the area. Superintendent Anthony Lewis emphasizes the importance of collaborative efforts to provide housing and childcare assistance for staff. The bill would utilize existing county-owned property for development.

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Affordable housing specifically for teachers is an idea some counties in North Carolina have implemented, building new developments to house educators. Durham is one of the counties hoping to change
those plans into reality.

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Stein proposes two-year budget of $67.9B | North Carolina

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www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-03-19 13:34:00

(The Center Square) – First-term Democratic Gov. Josh Stein on Wednesday morning proposed a $67.9 billion two-year budget for North Carolina, pushing investments in the workforce, family life and public education.



Josh Stein, North Carolina governor




The proposal is without specific line items toward recovery of Hurricane Helene. Rather, Stein said his administration will continue working with Republican majority lawmakers in the General Assembly – and submit additional recommendations in a separate request – on relief packages that already total $1.1 billion with another $524 million awaiting his signature.

“We must create a balanced budget,” Stein wrote in the 250-page document unlikely to be adopted verbatim with Republicans holding advantages of 30-20 in the Senate and 71-49 in the House of Representatives. “Our revenues are adequate in the first year of the biennium, but by the time of the next year, we will face fiscal challenges. Therefore, I freeze our corporate and personal income taxes at their current rates.”

Republicans’ assistance to tax rates has been cited as a source for the state to eclipse 11 million in population, ninth largest in America, and continue to attracted people from other states where the burden is greater.

The pattern for the state budget is a proposal from the governor, one each from the two chambers of the Legislature, and negotiations toward a final spending plan. June 30 is the deadline; often, it comes later.

In 2015, the GOP majorities with Republican Gov. Pat McCrory enacted House Bill 1030 that addresses a failure to reach a spending plan on time. In such cases, the state continues operating on the most recent and there is no government shutdown.

Kristin Walker, Stein’s budget director, said the plan allots for less revenue in the second year.

Stein’s plan has tax cuts for families with young children, child care costs and working families. He wants a return of the back-to-school shopping tax holiday.

Quarrels about public education funding are synonymous with Republicans and Democrats. Stein proposes raising starting teacher pay from $42,800 to $53,000; 10.6% average raises over the two years; and spends $10 million each year to restore 10% supplements in master’s pay for more than 1,000 teachers with advanced degrees in the subjects they teach.

Funding the master’s pay would be achieved in part by a limit in the Opportunity Scholarship Program that gives school choice to any student regardless of family income levels and regardless of choosing public, including charters, or private schools. No new money would be approved for households with annual income greater than $115,000. His plan is to phase out the program by 2027.

Education spending would rise more than $1 billion to $12.9 billion in 2025-26, and to $13.3 billion in 2026-27. That’s between 38% and 39% of the full budget each respective year.

Stein is proposing free community college for students attaining noncredit credentials for sought-after skills, the executive summary says.

All state employees would get a 2% raise and a $1,000 retention bonus in Stein’s first year. He proposes a 6.5% increase in wages for correctional officers, and 3% for other lawmen.

Stein has proposed funding 330 new school resource officer positions for elementary and middle schools, and additional training.

“To continue a trajectory of growth,” Stein writes in the budget letter to leaders of the General Assembly, “the state must step up to invest in quality public education and robust opportunities for career and technical training. My budget also emphasizes programs to promote our workforce, including apprenticeships, to ensure that our people are ready to take on the high-demand, high-paying jobs of tomorrow. No state will outwork North Carolina when it comes to workforce development.”

The post Stein proposes two-year budget of $67.9B | North Carolina appeared first on www.thecentersquare.com

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