A high school student in Chappaqua, known for being the home of Bill and Hillary Clinton, claims he was wrongly suspended for using gay slurs in a freestyle rap. The student, identified only as OJ, rapped inside his friend’s home in a satirical manner, using words like “fa—t” and “twinks” in what he describes as an over-the-top parody of rap music’s themes. The rap session was recorded by his friend without his knowledge, and the song was later uploaded to a streaming service.
After receiving two anonymous complaints about the song, school officials forced the student to undergo a psychological evaluation to determine if he was a threat. The evaluation showed that he was not a threat, but he was still suspended for three days under the school district’s hate speech prohibition. School administrators deemed the words “fa—t” and “twinks” as hate speech, ignoring the fact that the student is a member of the LGBTQ community and that the words were used satirically and self-referentially.
The lawsuit filed by the student’s legal team argues that the suspension jeopardizes his future and violates his First Amendment rights. The student did not mention his school or anyone in it during the rap session and was off-campus at a friend’s house when the recording took place. The legal team includes attorneys from the free speech organization Foundation for Individual Rights and Expression, who believe that only parents should punish students for their words and actions outside of school.
The lawsuit explains that the word “fa—t” was used by the student to reclaim a term that has been used as a slur against him and the LGBTQ community. It also clarifies that “twink” is a term used to describe a young gay man who is slim and looks like a boy. The school district, however, stands by its handling of the case, stating that they believe the incident was handled appropriately and legally. Some administrators, including the district’s superintendent and the Horace Greeley principal, are listed as defendants in the legal action.
As the student prepares to apply to colleges, he worries that the suspension will be a blemish on his record. The student’s legal team argues that the school’s decision to suspend him for his satirical rap violates his right to free speech and unfairly penalizes him for his words and actions outside of school. The Foundation for Individual Rights and Expression staff attorney for the student believes that parents should be the ones to discipline students for their behavior outside of school.
