Are You Walking Out of School on
Wednesday? A Basic Primer from the ALCU.
Across
the nation on Wednesday at 10:00 a.m., students across the country will be
making the decision to walk out out of classes for seventeen minutes to protest
gun violence and remember the lives senselessly lost at Parkland, a minute for
each lost life.
The
ACLU offers this advice, as does other sites and organizations.
How the First Amendment Protects Student Speech
If
you’re a public school student, you don’t check your constitutional rights at
the schoolhouse doors. But whether schools can punish you for speaking out
depends on when, where, and how you decide to express yourself.
Do I Have First Amendment
Rights in School?
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 context, but a school disagreeing with your
position or thinking your speech is controversial or in “bad taste” is not
enough to qualify. Courts have upheld students’ rights to wear things like an
anti-war armband, an armband opposing the right to get an abortion, and a shirt
supporting the LGBT community. And “content-neutral policies” means rules that
have nothing to do with the message you’re expressing, like dress codes. So,
for example, a school can prohibit you from wearing hats — because that rule is
not based on what the hats say — but it can’t prohibit you from wearing only
pink pussycat hats or pro-NRA hats.
Can My School Discipline Me
for Participating in a Walkout?
Yes.
Because the law in most places requires students to go to school, schools can
discipline you for missing class. But what they can’t do is discipline you more
harshly because of the political nature of or the message behind your action.
The
exact punishment you could face will vary by your state, school district, and
school. Find out more by reading the policies of your school and school
district. If you’re planning to miss a class or two, look at the policy for
unexcused absences. If you’re considering missing several days, read about
truancy. And either way, take a look at the policy for suspensions. In some
states and districts, suspension is not an available punishment for unexcused
absences. And nationwide, if you are facing a suspension of 10 days or more,
you have a right to a formal process and can be represented by a lawyer. Some
states and school districts require a formal process for fewer days, too. Also,
you should be given the same right to make up work just as any other student
who missed classes.
Find
out the rules so you can tell if they are being applied differently when it
comes to your walkout.
What about Protesting Away
from School?
Outside
of school, you enjoy essentially the same rights to protest and speak out as
anyone else. This means you’re likely to be most protected if you organize,
protest, and advocate for your views off campus and outside of school hours.
What are My Rights on Social Media?
You
have the right to speak your mind on social media. Your school cannot punish
you for content you post off campus and outside of school hours that does not
relate to school. Some schools have attempted to extend their
power to punish students even for off-campus, online posts. While
courts have differed on the constitutionality of those punishments, the ACLU has
challenged such overreach.
Are My Rights Different Depending
on What Grade I’m in?
They
could be, because the test for whether speech is protected is based on whether
what you’re doing can be considered “disruptive” to your school’s functioning.
So, for example, the level of disruption caused by a certain message could be
different in a high school classroom than in a middle school. Also, high school
students are closer to being adults, so they are capable of hearing more
provocative messages. Therefore, schools would likely have more leeway in
restricting speech for younger students.
If I Participate in a Walk
Out, Can the School Keep Me from Coming Back Inside Afterwards?
Locking
out students is essentially the same thing as a suspension, so it depends on
whether suspension is a possible punishment for missing class. If getting
suspended is not a punishment for an unexcused absence at your school, then
getting locked out after a walkout is not allowed.
How are My Rights Different at
a Private School than a Public School?
The
First Amendment applies to public schools’ actions, but not those of private
schools, so unfortunately there is much less protection for students’ speech at
a private school. This is because public schools are run by the government and
private schools aren’t, and the First Amendment only controls what the
government can and can’t do. That said, we hope that private schools will still
allow students the leeway to express themselves and engage politically in the
issues of the day.
Of
course other questions come to mind. Can
a teacher schedule a test on the same day and moment? Can I be asked to write or learn something
before attending the walkout? Can I be
punished for participating? Can participation affect my application for college? Another site dealing with these and other
questions can be found on a CNN website:
