Freedom Of Expression In Schools |
Sherrie Bennett
The First Amendment to the U. S. Constitution allows you the freedom to speak, write and meet freely with others. And your First Amendment rights to freely express yourself follow you into public school.
The United States Supreme Court has decided that public school officials can't censure you unless they have a "reasonable expectation" that your expression will cause a "material and substantial disruption" of school activities or invade the rights of others. It's not enough for school officials to just have what the U.S. Supreme Court called an "undifferentiated fear or apprehension."
But there are some limits to your right to express yourself. For example, you can't:
- Block the entrance to the school with a protest
- Use obscene or "vulgar" language that would be offensive to some students hearing it
Sometimes public school officials try to punish a student who makes provocative political comments or jokes about school violence, saying it is a "terrorist threat." But in order to be considered a threat, your comments must:
- Be intended to be seen as a threat by other people
- Be so clear and convincing so as to cause another person to really believe you intend to carry out your threat
- Cause other students to have a reasonable fear for their safety
Dress Codes
Students often communicate through clothing. But more and more schools are regulating what students can wear with dress code and uniform rules.
State laws vary considerably about what kind of dress code a public school can enforce, so it's best to contact your local American Civil Liberties Union to find out about laws in your state. In some states, for example, students can wear any clothing and hair style they want, unless it's a safety hazard. In some other states, courts will approve a restrictive dress code unless it's really unreasonable, or discriminatory.
Cyberspeech
It's increasingly common to see student Web sites criticizing school policies and officials. The U.S. Supreme Court has decided that Internet speech has the same high level of constitutional protection as what's written in a newspaper or other written media.
It makes a difference, though, whether you're cyber-expressing yourself on your own time or as part of a public school project. If you're using your own computer at home, you have a lot more leeway in what you can say. But you still can't say anything about a school official or teacher that you know - or should know - isn't true and injures someone's reputation. That might be "libel" or "slander", for which you can be sued.
If you express yourself online as part of a class, your speech has less protection as a First Amendment expression. And you may even be restricted from talking about your off-site cyber project while at school.
Your use of the Internet on school-owned computers will also be restricted by filtering software designed to protect minors from inappropriate cyber content. The federal Children's Internet Protection Act requires public schools and libraries to run filtering software in order to receive federal funding for Internet installation. Many states have also passed similar laws.
School Newspapers and Zines
You're allowed to hand out an independently-produced newspaper or leaflet in school, as long as it isn't "indecent" and you don't "materially and substantially" disrupt school activities. But the school can place limits on the time, place and manner of how you hand it out. If you're putting out an official school paper, school officials can censure your speech if they think you're saying something "inappropriate" or "harmful", even if it isn't obscene or disruptive.
Some states have what are called "high school free expression laws " giving students more free speech rights than the U.S. Constitution.
Pledge of Allegiance
The U.S. Supreme Court has decided it's as much a First Amendment violation to make you say something you don't want to say as it is to not let you say something you want to say. So no one can make you recite the pledge of allegiance, or even make you stand while others are reciting it.
Religious Instruction
Your school administration isn't allowed to push particular religious beliefs or practices, but teachers can teach about the influences of religion on history and culture, including literature and political movements.
Related Web links:
Dress Code Laws And Policies By State