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Learn all about free speech in schools, including how and when student speech is protected by the First Amendment.
The issue of school speech or curricular speech as it relates to the First Amendment to the United States Constitution has been the center of controversy and litigation since the mid-20th century. The First Amendment's guarantee of freedom of speech applies to students in the public schools.
You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
Why is free speech in schools important? In four landmark cases, the Supreme Court of the United States has provided a general outline of the First Amendment rights of high school students.
“Free Speech in Public Schools: Has the Supreme Court Created a Haven for Viewpoint Discrimination in School-Sponsored Speech?” By Denise Daugherty, Georgia State University Law Review 20 (Summer 2004):1061–1085.
Free Speech, Public Education, and Democracy: Our founders considered public schools to be one of the vital institutions of American democracy. But they also knew that education involves more than reading, writing, and arithmetic.
The protection of students’ rights to free speech and privacy—in and out of school—is essential for ensuring that schools provide both quality education and training in our democratic system and values.
Yes. You do not lose your right to free speech just by walking into school. You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate the school’s content-neutral policies. What counts as “disruptive” will vary by ...
Free Speech & Schools | Discussion Guide. Between 2021 and 2023, PEN America and the American Historical Association (AHA) cohosted Flashpoints: Free Speech in American History, Culture and Society. This series presented the fascinating and complex history of free speech in American democracy to public audiences in cities across the country.
Over the past eighty years, the Supreme Court has decided a handful of cases that, taken together, define the contours of public school students’ free speech rights. Several important themes run through these cases.