San Diego high school reverses student suspension over pro-ICE flyers it deemed 'harassment'

A San Diego school reportedly agreed to clear the record of a high school student who was suspended after posting flyers in support of Immigration and Customs Enforcement ("ICE"), following intervention from a legal group.

The student, a junior at Torrey Pines High School, was disciplined in February by school administrators after posting pro-ICE flyers reading, "We [heart] ICE — Real Americans," according to a Wednesday announcement by the Foundation for Individual Rights and Expression ("FIRE").

The student told Fox News Digital he posted the flyers because he wanted to express support for ICE and offer a counterpoint to anti-ICE sentiment on campus.

"I believe in ICE's mission and I think we should enforce our immigration laws," he told Fox News Digital. "I also wanted to provide an opposing view to the anti-ICE opinions that the majority of students, teachers, and administrators at Torrey Pines seem to have and often share. I wanted to show students that the issue isn’t one-sided and that their opinions are common and matter, too."

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The student said he was called into the assistant principal's office two days after he had posted the flyers and was told the flyers were "unacceptable," "fighting words," "incendiary," and "dehumanizing."

School officials reportedly told the student he was punished for breaking school rules prohibiting "harassment" and "intimidation," according to FIRE. The group said the flyers were posted in school common areas where other political flyers had also been placed.

Attorneys for FIRE noted that just two weeks prior to this incident, hundreds of Torrey Pines students walked out of class to protest ICE and the Trump administration.

The student said it was frustrating to be punished for his sign after anti-ICE students used harsher language during the earlier walkout and were not, to his knowledge, similarly punished.

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"It made me feel like the school wants to punish me and silence me just because administrators think my views are wrong," he told Fox News Digital. "I'm glad the other students were allowed to share their anti-ICE views, but I have every [bit as] much right as they do to share my own. It felt especially unfair because some of their signs used swear words and other epithets while mine was very tame."

Photos from the February 6 student walkout shared on social media show students holding signs that read, "If You’re an I.C.E. Agent Ya Mom’s a Hoe!!," and "ICE is KKK spelled differently."

He also disagreed with the school’s characterization of his flyers as "harassment" or "intimidation."

"It didn't make any sense to me, because how can a poster that says ‘I [Heart] ICE - Real Americans’ harass or intimidate anyone?" he asked. "I never bothered anyone or did anything disruptive. All I did was quietly post some flyers."

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The San Dieguito Union High School District told Fox News Digital it cannot speak publicly about student discipline issues due to privacy laws, but said the student was not suspended over his political beliefs.

"The San Dieguito Union High School District has not and does not discipline students because of their political viewpoints," school officials said in a statement. "The District supports students’ rights to express their viewpoints while also maintaining school campuses that are safe, orderly, and respectful learning environments for everyone."

"Nevertheless, we note that schools do have rules that govern student conduct and campus safety, including policies that prohibit discrimination and harassment. The District applies these rules fairly and impartially to help provide and ensure a safe learning environment for all students."

FIRE announced on Wednesday that school officials agreed to remove the suspension from the student's record after being contacted by FIRE attorneys.

"School administrators can’t pick and choose which opinions students are allowed to express," said FIRE Supervising Senior Attorney Conor Fitzpatrick. "Voicing an opinion which makes others upset is not ‘harassment’ or ‘intimidation,’ it is American democracy in action."

"We’re pleased the school has erased the suspension and will be watching closely to ensure the school respects its students’ First Amendment rights," he added. "The law is clear: Public schools must allow students to peacefully express their political opinions."

The student's suspension stirred an outcry after being shared to social media by San Diego County Board of Supervisors candidate Amy Reichert.

Now that the suspension has been removed from his record, the student said he hopes other students will not be afraid to speak out, even when their views are unpopular.

"As long as you're respectful and not disruptive, you shouldn't be afraid to speak just because people at your school might disagree with you," he told Fox News Digital. "The only way we can figure out the right answer to difficult questions is if every side of the argument is allowed to be heard. It might be difficult, but it's worth it, and hopefully your school knows enough about the First Amendment that you won't have to go through what I did. Keep fighting for your beliefs and put America first."