Sacramento teacher censors students’ Black Lives Matter artwork

A teacher at a San Diego elementary school instructed four students to redo their art projects after taking issue with their thematic focus on Black Lives Matter (BLM) and throwing the artworks in the trash. While the American Civil Liberties Union (ACLU) of Northern California says the teacher violated the students’ First Amendment rights, school district administrators contend that the political tone of the drawings strayed from the mission of the assignment, which was to create a poster addressing a change students wanted to see in their school.

Key Players

David Madden is a sixth-grade teacher at Del Paso Manor Elementary School in Sacramento, CA, part of the San Juan Unified School District (SJUSD). The ACLU claims Madden violated the four students’ Free Speech rights by censoring their artwork. 

Magali Kincaid, parent of one of the four reprimanded students, was serving as a volunteer “Art Docent” in Madden’s classroom, part of the school district’s initiative to have parents come to the school to deliver “developed lessons aligned to grade-level standards,” according to the ACLU of Northern California. Kincaid disagreed with Madden’s decision to make the students redo their work.

Damon Smith is the principal of Del Paso Manor Elementary School. 

Further Details

On Sept. 16, 2019, Kincaid shared her lesson plan, “Art can manifest in activism- can manifest in our communities and school,” with Madden’s class, according to the ACLU. On poster boards she passed around the class, topics ranged from immigration and housing rights, reforming financial aid, pay equity, animal rights, and Black Lives Matter. When Kincaid asked Madden if she could turn her idea into an Art Docent lesson, Madden stated that his own lessons contained “a bunch of old white guys,” suggesting that any future activities by Kincaid may not fit in, the ACLU later alleged. Kincaid was reportedly alarmed by this comment, but proceeded with giving the assignment. 

When Kincaid returned to pick up the posters the next day, Madden informed her that he had thrown some posters away, stating that they were “inappropriate and political.” He further told Kincaidd that he made those students redo their work during class time. Kincaid took the issue to Smith, who agreed that the BLM content was too political and supported Madden’s decision to ban Kincaid from volunteering in his classroom again.

On Nov. 21, 2019, two months after the initial event took place, the ACLU of Northern California sent a letter to the SJUSD on behalf of Kincaid and the four students in question. The letter states that Madden and Smith’s refusal to allow BLM student art or speakers on campus “poses unlawful restrictions on student speech.” The ACLU is also asking the district to provide a public apology, allow the parent to return to her role as a classroom volunteer, hang student Black Lives Matter posters during a spring art display, provide curriculum and events that include Black Lives Matter, and create cultural and sensitivity training for staff as well as parent engagement training, according to NBC News. 

The ACLU argued that the school’s actions were in violation of the California Education Code — which says that students are entitled to freedom of speech unless it is “obscene, libelous or slanderous” — along with the California Constitution and the First Amendment to the U.S. Constitution.

Outcome 

Elementary school issues statement, promises to embrace diversity 

On Nov. 21, the same day the ACLU of Northern California sent the letter to the SJUSD, Del Paso Manor issued a statement claiming Kincaid had not been properly trained by the district’s art program. The school also apologized for making any student feel “uncomfortable or unwelcome” and promised to “embrace a diversity of thoughts and experiences” in the future.