Photo: Barbara A. Bloom

High School Students' Rights

The following is from an article in the October 2000 Y&M Magazine. A print version is also available.

Topics:

• Introduction: Say What?
• Rights Under the First Amendment
• What is a "public forum"?
• Supreme Court Rulings
• The Equal Access Act (1984)
• Examples of Things You Can Do – and Restrictions
• What You Can Do to Exercise Your Rights and Who Can Help You

Examples of Things You Can Do – and Restrictions

Well, what does it mean? Here are some examples of how certain states protect the rights of students.

California: In California, students' rights are specifically protected. Some of these are spelled out in the law; others are interpreted from the law. Each school district and county board of education is supposed to have rules and regulations stating these policies.

The "Student Free Expression Law" says that students have the right to free speech in areas such as:

• the use of bulletin boards;
• the distribution of printed materials or publications (such as newspapers or yearbooks); and
• wearing buttons or badges.

This means that students also have the right to:

• hand out leaflets;
• circulate petitions;
• conduct polls;
• organize clubs or sponsor speakers or activities; and
• set up information tables.

What is prohibited by California law:

• Obscene materials;
• Libelous or slanderous material; and
• Material that encourages students to commit unlawful acts or acts that would substantially disrupt school.

Kansas: Kansas has a similar law. It goes further, saying that material "shall not be suppressed solely because it involves political or controversial subject matter."

Massachusetts: Massachusetts spells out what students' rights are: the "Massachusetts Student Free Expression Law" says that students have the right "(a) to express their views through speech and symbols, (b) to write, publish, and disseminate their views, (c) to assemble peaceably on school property for the purpose of expressing their opinions."

Michigan: Michigan has a policy that doesn't specifically say what rights students have, but it sets guidelines for making rules fair. These apply to much more than issues of free speech and association but of course can help protect students in these cases as well.

Michigan Board of Education: Fair School Rules:

• School policies have to clearly say what is allowed and what is not.
• School rules can't be so complicated the average student won't understand them.
• Rules have to be related to valid educational purposes.
• Rules can't restrict activities that are constitutionally protected.
• School policies have to tell you what the punishment is for breaking the rules.
• The punishment can't be more serious than the misconduct, nor harsher than what the school district itself is authorized to do.
• A copy of the rules and procedures must be made available to all students.

Other states, such as Colorado and Iowa, also have "High School Free Expression" laws that give students more free speech rights than the Constitution requires. (You can read these laws if you scroll to the bottom of http://www.splc.org/resources/high.school/hazelwood.html and follow the links.) Some states, such as Pennsylvania, have department of education regulations that may protect student rights.

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