Olivia Hardwick

Mary Catherine Roper

Background: Roper is deputy legal director at the ACLU of Pennsylvania, she has been here for Commented [1]: https://www.aclupa.org/abouttheaclu/
staff/
10 years. Her focus is on “a broad range of civil liberties issues, including freedom of speech,

religious liberty, racial and ethnic justice, equality for lesbians and gay men, student rights,

privacy, prisoners’ rights, and police misconduct” (ACLU Pennsylvania). Roper was a partner at

Drinker Biddle and Reath law firm, she is a graduate of Bryn Mawr College and the University

of Pennsylvania Law School. Roper clerked for Anita B. Brody in the United States District

Court for the Eastern District of Pennsylvania (ACLU Pennsylvania).

Relevance: Roper specializes on many civil liberties issues. This includes freedom of speech and

student rights. Roper provided legal insight about the McCloud v. Hobson case in an interview

by the Associated Press: “‘Students can say whatever they want. They just can't say it in the Commented [2]: http://www.chicagotribune.com/news/
sns-bc-pa--exchange-editorial-roundup-20180228-
story.html
school's paper,’ Mary Catherine Roper, deputy legal director for the American Civil Liberties

Union of Pennsylvania, told Geli. School resources are employed to publish the newspaper, and

the newspaper is affiliated with the school, so whatever is published is perceived as the school's

speech, Roper said” (Associated Press). Roper’s legal background allows her to tie the case back

to the constitution and civil liberties. As an expert in civil liberties, she can speak on the issue of

“prior restraint”. “In First Amendment law, a prior restraint is government action that prohibits

speech or other expression before it can take place. There are two common forms of prior

restraints. The first is a statute or regulation that requires a speaker to acquire a permit or license

before speaking…” (Cornell Law School). In this case prior restraint is legal because Hobson, Commented [3]: https://www.law.cornell.edu/wex/prior
_restraint
the principle of Elizabethtown High School, was legally able to halt the publication of Mr.

Martin’s responses to Mr. Riggleman’s original statements.

 Olivia Hardwick

Testimony: Ms. Roper said in an interview with the Associated Press that "Students can say Commented [4]: http://www.chicagotribune.com/news/
sns-bc-pa--exchange-editorial-roundup-20180228-
story.html
whatever they want. They just can't say it in the school's paper" (Associated Press). With this in

mind Roper will reiterate what principle Hobson will say regarding how the paper uses school

resources to publish their paper. Roper will also bring up that whatever the paper publishes will

reflect on the school’s image and reflect on principle Hobson. Because of this Hobson has the

right to censor items that could shine a light on the school that does not support the schools

values. Roper will direct the jury’s attention to the matter of “stirring the pot”, reiterating how

the publication of both statements would cause a clear disruption to the school community.

Roper will then direct attention to how this is does not comply with the Pennsylvania

administrative code. The Pennsylvania Administrative Code: Student Rights and Responsibilities

states in Section 12.9. Freedom of expression: “Students shall have the right to express

themselves unless the expression materially and substantially interferes with the educational

process, threatens serious harm to the school or community, encourages unlawful activity or

interferes with another individual's rights” (Student Press Law Center). Roper will explain why

what the students did violated the code by explaining that the paper’s publications would have

“substantially [interfered] with the educational process” and “[threatened] serious harm to the

school or community”. Finally, Roper will close with a reminder to the jury and judge that what

Hobson did was neither right nor wrong, but it was legal.

Works Cited

Administration. ACLU Pennsylvania, www.aclupa.org/abouttheaclu/staff/.

The Associated Press. "Editorials from around Pennsylvania." The Chicago

 Olivia Hardwick

Tribune, 28 Feb. 2018, www.chicagotribune.com/news/sns-bc-pa--exchange-editorial-

roundup-20180228-story.html.

"Pennsylvania Administrative Code: Student Rights and Responsibilities."

Student Press Law Center, www.splc.org/article/2005/12/

pennsylvania-administrative-code-student-rights-and-responsibilities.

Prior Restraint. Legal Information Institute, Cornell Law School,

www.law.cornell.edu/wex/prior_restraint.