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State Policies on Student Free Speech?
State Policies on Student Free Speech?
They vary.
They vary.
State laws and regulations on student free speech can often be broken down into two catagories:
State Law as defined in state law
Public Educational system rules and regulations
Our Map on Student Free Speech
Our Map on Student Free Speech
It is clear that policy varies greatly on a state by state basis.
It is clear that policy varies greatly on a state by state basis.
Student free speech rights often vary by state. While the Supreme Court Decisions must be recognized by every state, each state can interpret the ruling in a different way.
For example, Pennsylvania has a law outlining student's rights to free speech directly in a bill passed by the state congress. New York, however, has a bill of student rights defined in their state wide public educational system depending on location in the state.
An example of varied treatment lies in the recent walkouts of the Enough is Enough movement, as evidenced below.
An example of varied treatment lies in the recent walkouts of the Enough is Enough movement, as evidenced below.
An example of Pennridge High School's treatment of the walkouts.
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A protest at Mt. Lebanon High School, protected by administrators and police in yellow vests.
One may ask how such varied treatment is allowed under state regulation... the answer is unclear
One may ask how such varied treatment is allowed under state regulation... the answer is unclear
To describe the Administration's position and the process preparing for this student expression, here is Mr. McFeeley
Disruptive walkout.mp3He then went on to describe the future of this newly created policy:
Disruptive walkout.mp3Perhaps even more controversial are obstructions to published speech:
Perhaps even more controversial are obstructions to published speech:
The frequency of cases involving school newspapers or student publications leads states to define student rights in respect to student rights on school paper publication.
While some of these states have state laws pertaining to student speech, they often protect the school rather than the student. Our opinion is detailed in our Handbook Case Study page.
For example, Pennsylvania state law actively limits student free speech rights.
For example, Pennsylvania state law actively limits student free speech rights.
According to Title 12 Section 9 of the Commonwealth Code of Pennsylvania, students do not shed their First Amendment rights at the door. Students "shall have the right to express themselves unless the expression materially and substantially interferes with the educational process, threatens serious harm to the school or community, encourages unlawful activity or interferes with another individual’s rights" However, later in the Title, the Code regulates the use of anonymous free speech in schools. "Identification of the individual student or at least one responsible person in a student group may be required on posted or distributed materials." While a student can distribute material, they are prohibited from remaining anonymous.
So...why is anonymous free speech such a big deal?
So...why is anonymous free speech such a big deal?
Ever read or heard of these works that dramatically changed history and broke barriers?
Ever read or heard of these works that dramatically changed history and broke barriers?
They were both published anonymously.
They were both published anonymously.
Mary Shelly began writing Frankenstein as an 18 year old girl in 1818 and was published in 1820. Because of the popular opinion at the time that women were inferior, she was unable to publish books under her own name. Anonymous free speech protects discriminated groups' right to free speech, yet, given PA's current laws, Mary Shelly would not be able to distribute her book in school.
Published January 10, 1776 anonymously by Thomas Paine, Common Sense criticized England's rule over the 13 colonies and advocated for independence. Thomas Paine was protected from England's censorship and treason laws due to the pamphlet's anonymous nature. Anonymous free speech serves as a balance of power. Given PA's current laws, Thomas Paine would not be able to distribute his pamphlet in educational institutions.
How are these restrictions furthered?
How are these restrictions furthered?
Title 12 gives schools many powers to limit the distribution of materials or activities that express ideas
Title 12 gives schools many powers to limit the distribution of materials or activities that express ideas
Subsection I gives schools the power to set times for students to express their ideas. "School officials may set forth the time and place of distribution of materials so that distribution would not materially or substantially interfere with the requirements of appropriate discipline in the operation of the school"
Subsection c-2 limits speech by other students' 'feelings' "Students have the responsibility to be aware of the feelings and opinions of others and to give others a fair opportunity to express their views" A very broad manipulation
Pennsylvania must take advice from states with accepting policies on student free speech.
Pennsylvania must take advice from states with accepting policies on student free speech.
Pennsylvania state law places limits or exceptions on student free speech rather than ensures our right to First Amendment free speech.
Pennsylvania state law places limits or exceptions on student free speech rather than ensures our right to First Amendment free speech.
The state of Washington should be used as an example for free speech in educational institutions.
A simple statement within Title 392, chapter 400, section 215 states:
"All students possess the constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have their schools free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising such right"
This is the most comprehensive state issued law protecting a student's free speech within a public institution.
While current law remains... how can I protect myself from retribution yet express myself?
While current law remains... how can I protect myself from retribution yet express myself?
Student journalism and speech laws by state are often complicated, limited in scale, and hard to find. Restrictions depend on individual state. The best way to check these regulations or laws on student journalism is to check laws made by the particular state. Do not rely upon your state educational programs to protect your First Amendment rights.
Keep in mind: as school newspapers are funded by the school, and by extension the state. Schools have the power to censor unless specifically stated otherwise in state law
But rest assured, while state laws protecting student rights may be limited, some states have system wide requirements and "student bill of rights" either limiting or granting rights to free speech.
There are times when we innovate and think of new ideas of expression. State Law, in these cases, have not caught up. Be prepared for ever changing state regulations upon your speech.
There are times when we innovate and think of new ideas of expression. State Law, in these cases, have not caught up. Be prepared for ever changing state regulations upon your speech.
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