BY MAGGIE McCRAW AND SHIRLEY PEÑA
MIAMI - Because they published and distributed a 20-page pamphlet called First Amendment, nine Killian High School students were arrested, jailed overnight, threatened with "hate crime" charges, suspended for ten days and eventually expelled from Killian.

The pamphlet was a response to the get-tough administration of Killian principal, Timothy Dawson and on- going tensions between students and campus security guards.

Dawson, who is Black, had the "Killian Nine" arrested on February 23 for "hate crimes" because of the pamphlet's allegedly racist references to Blacks, Latinos, and immigrants.

He also claimed the pamphlet constituted a death threat against him. The cover shows Dawson's face superimposed on a dartboard with a dart through his forehead and inside one student daydreams about shooting a number of people he or she dislikes, including Dawson, some teachers, cheerleaders, freshmen, sports players, and others.

On February 27, State Attorney General Katherine Fernández Rundle announced that she would not press criminal charges but she noted that "probable cause did exist for school authorities to believe a crime had occurred."

The content of the pamphlet has sparked considerable debate. The Miami Herald characterized First Amendment as "obscenity-laced" and containing "enough racial slurs to cause concern."

First Amendment includes an antiwar drawing and slogan, poetry, one crude sexual cartoon involving Dawson, short paragraphs criticizing the "arrogant air" of teachers and classes that are "brainwashing, biased nonsense," overcrowding and other problems. Particular objects of derision are school security guards who are shown sexually harassing and propositioning female students. Many students said the pamphlet's "satire" was "necessary" in order to draw attention to the worsening conditions at Killian.

David Morales, one of the "Killian Nine" said "There was no racist intent in it.... All nine of us are completely against racism."

Louis Macías, a 15-year-old sophomore said "it's not wrong what they wrote" but he thought the expulsions were justified because of the pamphlet's "racial slurs."

Maria Giacchino, a 17-year-old junior, said "most kids think the same as I do, they support the First Amendment. I read it over and over and it's not racist."

Kerline Astre, a 17-year old student at Edison High School, said that she was "totally against" the way the Killian students presented their grievances, but she added "I think people need to address why [the pamphlet was produced]."

Bert Pages, a Killian sophomore, wrote in the Miami Herald, wrote, "The security staff often exhibits prison guard mentality, which causes more conflict and problems. Security personnel confront students routinely for minor violations, escalating minor infractions."

While the school district did not press criminal prosecution, they did charge the students with a variety of "conduct" offenses including use of "provocative language" and "not conforming to school standards" to lay the basis for the expulsions.

The American Civil Liberties Union (ACLU) is providing legal representation to seven of the students, challenging their expulsion.

Shirley Peña and Maggie McCraw are members of International Association of Machinists Local 368.  
 
 
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