NCHSAA & free speech for students at center of disagreement between NC political opponents
NEW LONDON, N.C. — Rep. Richard Hudson released a letter earlier this week that he sent to N.C. High School Athletic Association Commissioner Que Tucker after the association placed the North Stanly High School cheerleading squad on probation for holding a Trump 2020 sign at a football game.
Hudson said he received several calls from constituents in Stanly County about the issue, which is what led him to release the letter he sent to Tucker.
"Right away, I was very concerned that these students have a First Amendment right to express themselves, and I felt like they needed support," Hudson said in an interview with HighSchoolOT on Thursday morning. "I feel like my constituents deserved to know where I stood on the issue ... and also, I felt like these student-athletes deserve for me to publicly support them."
Pictures appeared on social media featuring the North Stanly cheerleading squad and other students with a Trump 2020 sign. Hudson said it is his understanding that the photos were taken before a football game. Some media reports suggest there were also photos taken at halftime. HighSchoolOT has not been able to independently verify when the photos were taken.
After the photos appeared, the NCHSAA placed the cheerleading team on probation. Some have criticized the NCHSAA for its decision because there is no specific policy banning political material at sporting events. The NCHSAA says "the behavior was contrary to the NCHSAA's 'Philosophy of Cheerleading' in the NCHSAA Handbook."
According to a statement released by Tucker, "This philosophy emphasizes the cheerleader's important role in representing the school to its fans and others in attendance in a positive manner, while eliciting appropriate support for their team in accordance with the spirit and letter of NCHSAA and local school policies and expectations."
Previous Supreme Court rulings have addressed First Amendment rights in schools, allowing those rights to be limited under certain circumstances. Hudson agrees that there are times where political statements should not be made at school.
"I do acknowledge that if the cheerleaders had run out on the field during the game, if this was part of the halftime show where they held up a Trump banner, then we're probably having a different discussion. I think those rules might apply," Hudson said. "But we're talking about before the game, a group of guys runs up, they take a photo. To me, they're on their own time and they have a right to express themselves."
Earlier this week, Tucker said in a written statement that the NCHSAA has no comment on Hudson's letter. Hudson said he has not received a private response to his letter either.
"I want to give the athletic association and Commissioner Tucker an opportunity to respond, but I expect a response," he said. “I would just say that if you’ve got a governing body like this that is applying double standards based on the political perspective of the speech being expressed, then I think that ought to be looked into."
Hudson said it is "hypocritical and silly" to place the North Stanly cheerleading team on probation when you compare the situation to other political and social movements that have been allowed on campus, such as students walking out of class to bring awareness to gun violence, school systems closing for the teacher rally, and student-athletes being allowed to kneel for the national anthem.
"If you look at those other issues, they all involve disruptions during the school time. This is before an athletic event, on their own time, outside the school hours," Hudson said. "The same group that has put them on probation, the athletic association, has ruled that referees or players can kneel for the national anthem at the beginning of the game because it's their right to free speech."
The NCHSAA has recognized the First Amendment rights of students, coaches, and game officials to kneel during the national anthem.
"At the NCHSAA, we are proud of our nation's military and the men and women in many uniforms who serve under out colors. We also know that this act of speech is protected by the Constitution of our nation, a document containing the rights and freedoms that those men and women fought to preserve and defend," Tucker said in a statement at the time. "With that in mind, we respect each individual's right to stand, kneel or otherwise exercise their rights under the First Amendment."
In Hudson's opinion, the NCHSAA standing up for the First Amendment rights in one case but not the other is a double standard.
"So if they're allowed to do that, they certainly ought to be allowed to take a photo with a sign at a time that's not even during a game," he said.
Asked for a comment about kneeling and how it compares to the current First Amendment question, the NCHSAA released a statement from Tucker saying, "We do not believe the two acts are the same. We are not going to get into a comparison of the two."
Democratic opponent supports NCHSAA stance
Scott Huffman, a Democrat who is running against Hudson in North Carolina's 8th District, also sent a letter to the NCHSAA this week, but he was supportive of the NCHSAA decision to place North Stanly on probation and called Hudson's statements "somewhat inappropriate and misleading."
"Mr. Hudson is confusing democracy and free speech for his political gain," Huffman said in a letter to the NCHSAA. "As a parent I would urge the Association not to fall in line with his demagoguery. Your decision has nothing to do with a child's free speech and it has nothing to do with democracy."
In an interview with HighSchoolOT on Thursday morning, Huffman reiterated his stance, saying there is no First Amendment discussion to have around the issue.
"There's a time and place for this, and these cheerleaders were at a football game. I feel very strongly that this is not an issue of free speech. I feel very strongly that this is an academic, high school event. I just don't think that political things like this – unless it's a political science class – should be at these events," Huffman said.
Huffman also questioned why Hudson got involved in the issue. He said he believes it was "red meat" for Hudson's political supporters and isn't convinced Hudson is concerned about First Amendment rights of the students.
"If this had not been a Trump sign, would Mr. Hudson have even brought it up?" Huffman asked. "If this had been another issue, I don't think Rep. Hudson would have said anything about it, would have written a letter condemning the punishment."
Huffman said he supports a student's right to take a knee for the national anthem or to protest gun violence.
"I really feel like a Trump sign being displayed was in violation of (NCHSAA rules). If they've allowed rules for students to take a knee, then that's really a question to them on why they feel the two are different," said Huffman.