Watch a previous NBC4 report on the Big Walnut school board in the video player above.

SUNBURY, Ohio (WCMH) — An Ohio school district may be challenged in federal court for an “unconstitutional” policy restricting which flags and symbols can be displayed in the classroom.

The American Civil Liberties Union of Ohio sent a letter on Wednesday demanding the Big Walnut School Board of Education to repeal a new measure banning LGBTQ+ Pride flags and other symbols promoting “activist causes.” The board’s policy is “vague to the point of incoherence” and violates students’ First Amendment rights, the ACLU argues.

“We write to express our grave concerns with this policy, which is unconstitutional in multiple respects, and to urge this school board to repeal it,” the letter states. “Should you fail to do so, we may be forced to take legal action.”

The board passed the resolution 3-2 on Dec. 14, banning “flags, banner, posters, electronic insignia and similar items” displayed in classrooms or school buildings that “promote activist causes, or are otherwise deemed controversial.” United States and Ohio flags are permitted, along with the Big Walnut flag, the district’s mascot and the following symbols:

• Displays in the classroom “as part of a temporary unit of study within the curriculum,” or “denote a recognition of achievement and are approved by the superintendent.”
• Ohio High School Athletic Association or similar sport tournament displays.
• Displays from branches of the military and universities.
• Flags of countries representing foreign exchange students.

“This is the policy of the Big Walnut Board of Education as a neutral policy in respect to the appropriate usage and display of the items in district buildings or on district property,” the resolution states.

However, the ACLU argues public schools may not ban students from displaying their chosen messages because school authorities, students or parents disagree with those messages. The group cited the Supreme Court, who has held that “Free speech protections extend to teachers and students.”

The measure was introduced by board member Alice Nicks during a Nov. 16 meeting after a Big Walnut teacher displayed a Pride flag within their classroom. The measure also outlines that flyers, notices and invitations for clubs shall only be placed on bulletin boards approved by building administrators. These signs cannot be any larger than an 8.5″ x 11″ sheet of paper.

A previous version of the resolution said “flags, banners, signs or symbols displayed in classrooms or schools buildings have a significant impact on the educational environment.” A provision that said the board ” is granted specific authority through statute to make decision that directly affect the education experience of our students and the broader school community,” was also removed from the measure.

The policy applies “to displays affixed to the grounds, stadium fencing, walls, doors, ceilings, or any other furnishings or appurtenances of any public school system building, vehicle, or the facility owned or operated by the Board of Education.” This applies to any electronic messaging, including emails on the district’s network.

Superintendent Ryan McLane told the board during the Dec. 14 meeting that the school district’s legal counsel recommended against passing the resolution. When asked if the board was concerned about legal action, Board President Doug Crowl responded, “No comment.”

Densil Porteous, Stonewall Columbus executive director, said the ban is “an attack” against LGBTQ+ students who see a Pride flag as a signal that they can be their authentic selves.

“A school should be that environment that provides that safe space for a young person to heal and heal quickly and fast in an environment that’s nurturing and welcoming,” said Porteous. “We forget that part of education is helping our students understand how to be emotionally mature.”