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

Rights Under the First Amendment

The Constitution (and the Bill of Rights), the highest law in the United States, guarantees certain rights to US citizens. The First Amendment ensures the rights to free expression and free association – the right to say or write what you want and to form clubs or groups.

Public school administrators, officials, and teachers can't just ignore this constitutional protection completely. But what does it mean for high school students? While the specifics may vary from place to place, it basically means that students can:

• say and write their opinions (even on controversial subjects);
• form clubs and organizations;
• take part in demonstrations and rallies; and
• express their opinions through leaflets, buttons, armbands, and t-shirts (although with dress codes and uniforms, some of these may be more complicated).

Students have the right to express their opinions in "public forums," to participate in extracurricular activities, and to produce "underground" newspapers or other materials that do not have official school support.

These means of expression and association cannot, however, "materially and substantially" disrupt class or other school activities. You can't organize a club and expect that it would meet during math class, pass out leaflets during class time (unless you have the teacher's permission, of course), or hold a rally that blocks the entrance to the school. You can also probably be censored for "obscene or indecent" language.

Schools can also establish restrictions about when, where, and how materials (like flyers) can be distributed. In general, it is best to do so during lunch or before or after school, in a place that doesn't block the free flow of traffic. Sometimes school officials may ask to see materials ahead of time and to know how you plan to give them out. This may be a time when they would tell you if your ideas break any of the school's guidelines.

Schools are not allowed to censor only one side of a controversial subject. If, for instance, your school invites in a military recruiter to talk about why the military is good, the school cannot prevent someone with an opposing point of view from also having the same opportunity.

One of the issues that has gained increasing attention in the past few years is Web use and the creation of Web pages. Several schools have tried to suspend or expel students for Web pages that they have designed outside of school. Several courts have overturned these punishments, saying that schools can't censor free speech that takes place outside of school – even if the topic is school.

issues | activism | making choices | for the media | magazine | resources
about us | site map | FAQs | contact us | new features | Y&M home | Peacebuilding Programs | AFSC home

© American Friends Service Committee · National Youth & Militarism Program 1998, 1999, 2000, 2001.