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Free-Speech Rights of Students

The First Amendment of the Constitution guarantees the right of free expression and assembly. This right extends to all individuals in the United States regardless of age, race, creed, religion or any other distinguishing factor. Thus, students do retain free-speech rights in school. However, these rights are not absolute, and are subject to certain limitations.
  1. Political and Social Dissent

    • Students have the right to express dissenting remarks to political and social policies of the government. In 1969, students in Des Moines, Iowa, wore black armbands to express silent opposition to the Vietnam War. The school district took action against them; however, the Supreme Court ruled that the students had the right to express themselves. Students may wear t-shirts, armbands and buttons.

    Restrictions on Publications

    • The First Amendment gives all citizens freedom of the press. However, school students can only express themselves freely in print if the publication is fully-funded by the student. A student cannot express just anything she likes in print if the student publication is paid for by the school. School-sponsored plays, events, exhibits and yearbooks are also subject to restrictions on free speech at the discretion of the school.

    Pledge of Allegiance

    • A school may not force a student to pledge allegiance to the United States. Students may sit quietly and respectfully while other students stand and recite the pledge. A school may reprimand a student who disrupts the Pledge of Allegiance or prevents others from expressing their pledge. The Supreme Court extended this right to students in 1943 when members of Jehovah's Witnesses claimed it violated their freedom of religion.

    Student Groups

    • If a school allows a group to form on one side of an issue, it must also allow a group to form on the opposite side of that issue. Recognition must be given to all student groups, including those that are potentially derogatory. The American Civil Liberties Union advocated the case of a group of high school students that wore t-shirts stating "Be Happy, Not Gay." That advocacy, however, also extended to lesbian, gay, bi-sexual and transgender students seeking the right to organize in-school clubs.

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