UNDERSTANDING RIGHTS. EMPOWERING STUDENTS.
Students Speak Freely
Freedom of Speech in K-12 Schools
First Amendment Basics
Your Free Speech Rights at School
Public school students have First Amendment rights, but those rights operate differently in school than outside of school.
Here are the basics you should know.
Start With the
First Amendment
The First Amendment to the United States Constitution protects your right to freedom of speech.
There are limits on the government's ability, including that of public school officials, to censor student speech or punish students for expressing ideas unless there is a valid legal reason.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment
The Big Idea
"Students don't shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
- Tinker v. Des Moines Independent Community School District, 393 U.S. S03 (1969)
The right to free speech extends to public school students.
Five Rules to Know
1
Schools can restrict substantially disruptive behavior.
Tinker v. Des Moines Independent Community School District (1969)
Schools may limit speech that causes or is likely to cause substantial disruption of school activities or invades the rights of others.
2
Lewd of vulgar speech can receive less protection at school
Bethel School Distrcit v. Fraser (1986)
Schools may discipline students for lewd, vulgar, or offensive speech that is inconsistent with the school's educational mission.
3
Schools have more control over school-sponsored speech.
Hazelwood School District v. Kuhlmeier (1988)
Schools can regulate speech tht is part of school-sponsored activities, such as classroom newspapers or announcements.
4
Schools can restrict speech promoting illegal drug use.
Morse v. Frederick (2007)
Schools may prohibit speech that advocates the use of illegal drugs.
5
Off-campus speech usually receives greater protection.
Mahanoy Area School District v. B.L. (2021)
Schools have less authority to discipline students for speech that happens off-campus and outside of school activities.
Not Every Situation Is the Same
Whether speech is protected depends on many factors, including:
Where the speech happened.
What was said or shown.
Whether the speech occurred during a school-sponsored event.
Whether the speech caused (or could casue) disruption.
Whether student-speech violated the rights of others.
Go Deeper
Explore Landmark Cases
Read about the Supreme Court decisions that shaped student free speech rights in schools.
Explore Recent Cases
See how courts are applying student free speech principles to today's issues.