Can my school restrict my clothing at school? 

Schools are allowed to make rules restricting students’ clothing, such as dress codes. However, the rules may not relate to the message expressed by the clothing. For example, schools can prohibit hats, but they can not specifically prohibit Pro-BLM hats. 

 

What are my rights when engaging in political action at school? 

As a student, you are permitted to pass out flyers, petition, wear politically expressive clothing etc, as long as the functioning of the school is not disrupted. This means that speech promoting violence or bullying is not protected. If you participate in a walkout, schools may punish you for the time missed in class, but they can not make the punishment harsher due to the political nature of your speech. 

 

Can my school punish me for something I post on social media? 

Schools cannot punish students for content unrelated to school posted outside off campus and outside of school hours UNLESS…

• It substantially disrupts school operations 

• It is libelous or slanderous (California Education Code Section 48907)

• It is threatening to a person or a person’s property 

• It incites harassment 

• It is impersonating another person without consent

 

What kinds of speech can my school restrict? 

• Speech that is likely to substantially disrupt school operations, such as threats or bullying.

• Speech that advocates illegal drug use, as in the Supreme Court case Morse v Frederick, in which a student was punished for displaying a sign reading “Bong Hits For Jesus.”

• Profane speech, as in the case of Bethel School District v Fraser, in which a student was punished for giving a sexually suggestive speech at a school assembly.

• Speech in school publications, such as school newspapers and yearbooks, as ruled in Hazelwood School District v Kuhlmeier.