An openly gay 16-year-old student can take her vow of silence today, during the National Day of Silence, without interference from DeSoto High School administrators.
Amber Hatcher, of Fort Myers, was suspended last year for wearing a T-shirt that read “DOS April 20, 2012: Shhhhh” and refusing to speak as part of an annual event to bring attention to the silencing effect of bullying. The nonprofit Lambda Legal filed a federal lawsuit on her behalf and sought a judicial declaration that the school violated Hatcher’s constitutional rights, with an injunction to prevent her from being stymied this year. U.S. District Judge John Steele refused to give her the injunction, but continued the First Amendment claims stating that her rights included the right not to speak. Steele found there was a good likelihood the claims would be upheld with further litigation. The judge declined the request for the injunction after the school assured the court it would not interfere with her silent protest. A trial date has not been set.
Hatcher communicated with teachers and peers last year by dry erase board. The DOS on Hatcher’s T-shirt referred to the abbreviation for “Day of Silence,” the annual observance that began in 1996 to protest the bullying and harassment of LGBT teens. It was created by the Gay, Lesbian and Straight Education Network and takes place every April.
