Policy 5145.2 - Freedom of Speech/Expression
Series: 5000 - Students
Policy: 5145.2 - Freedom of Speech/Expression
Adopted: 06/02/1998
Last Revised: 08/06/2024
Last Reviewed: 08/20/2024
Download Policy 5145.2 - Freedom of Speech/Expression PDF (English)
Download Rule 5145.2 - Freedom of Speech/Expression PDF (English)
Freedom of Speech/Expression
School officials shall not engage in prior restraint of material prepared for official school publications except insofar as the content of the material violates the law.
The Superintendent or designee shall not discipline any high school student solely on the basis of speech or other communication that would be constitutionally protected when engaged in outside of school, but may impose discipline for harassment, threats, or intimidation unless constitutionally protected.
The Board of Education believes that free inquiry and exchange of ideas are essential parts of a democratic education. The Board respects students' rights to express ideas and opinions, take stands on issues, and support causes, even when such speech is controversial or unpopular.
On-Campus Expression
Students shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards; the distribution of printed materials or petitions; the wearing of buttons, badges, and other insignia; and the right of expression in official publications.
Student expression on district or school Internet web sites and online media shall generally be afforded the same protections as in print media.
Students' freedom of expression shall be limited only as allowed by Education Code 48907, 48950, and other applicable state and federal laws.
Students are prohibited from making any expressions or distributing or posting any materials that are obscene, libelous, or slanderous. Students also are prohibited from making any expressions that so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of school rules, or substantial disruption of the school's orderly operation.
The use of "fighting words" or epithets is prohibited in those instances where the speech is abusive and insulting, rather than a communication of ideas, and the speech is used in an abusive manner in a situation that presents an actual danger that it will cause a breach of the peace.
Off-Campus Expression
A student shall be subject to discipline for off-campus expression, including expression on off-campus Internet web sites, when such expression poses a threat to the safety of other students, staff, or school property, or substantially disrupts the educational program. The Superintendent or designee shall document the impact the expression had or could be expected to have on the school program.
Legal References
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
STATE
CALIFORNIA CONSTITUTION
Article 1, Section 2 - Freedom of speech and expression
EDUCATION CODE
48907 Exercise of free expression; time, place, and manner rules and regulations
48950 Speech and other communication
51520 Prohibited solicitations on school premises
FEDERAL
UNITED STATES CODE
20 USC 4071-4074 Equal Access Act
UNITED STATES CONSTITUTION
First Amendment - Free exercise, free speech, and establishment clauses
MANAGEMENT RESOURCES
COURT DECISIONS
Beussink v. Woodland R-IV School District (1998) 30 F.Supp. 2d 1175
Bright v. Los Angeles Unified School District (1976) 18 Cal. 3d 350
Emmett v. Kirkland School District No. 415 (2000) 92 F.Supp. 2d 1088
J.S. v. Bethlehem Area School District (2000) 757 A.2d 412 (Pa. Commw. 2000)
Lavine v. Blaine School District (2001, 9th Cir.) 257 F.3d 981
Leeb v. DeLong (1988) 198 Cal.App.3d 47
Lovell v. Poway Unified School District (1996) 90 F.3d 367
Muller v. Jefferson Lighthouse School (1996) 98 F.3d 1530
Smith v. Novato Unified School District (2007) 150 Cal.App.4th 1439
Hazelwood School District v. Kuhlmeier (1988) 108 S. Ct. 562
Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/#
California Department of Education http://www.cde.ca.gov/
CSBA http://www.csba.org/#
Rule 5145.2
Adopted: 06/02/1998
Last Revised: 08/20/2024
Last Reviewed: 08/20/2024
School-Sponsored Publications
Students shall have the right to exercise freedom of speech and of the press in official school publications, except for expression that is obscene, libelous, slanderous, or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.
Official school publications includes material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either for a fee or free.
Each principal shall develop a school publication code outlining the responsibility of student journalists, editors, and publication advisors.
All student submissions shall be held to professional standards of English and journalism.
If the principal considers material submitted for publication to violate Education Code 48907, they shall notify the student, without undue delay, and give specific reasons why the submitted material may not be published. Absent extraordinary circumstances, such notice should be given in sufficient time to allow the student time to either modify the material or to seek review of the principal's determination from the Superintendent or designee. Prior to any restriction of student speech, school officials shall consider any feasible alternative options to restricting the speech.
To the extent that the principal or designee believes that the school and district should be disassociated from a particular idea or opinion, the principal may require student articles to include disclaimers.
Distribution of Printed Materials and Petitions by Students
The principal or designee may provide bulletin boards on which students and student organizations may post materials of general interest. Students also may post or distribute handbills, leaflets, and other printed material, whether produced within or outside of the school. Students may collect signatures on petitions concerning school or non-school issues.
Printed materials or petitions may be distributed only:
- Before school begins, during lunch time, or after dismissal.
- In locations that do not obstruct the normal flow of traffic within school or at entrances.
No student shall use coercion to induce students or any other persons to accept printed matter or to sign petitions. No funds or donations shall be collected for any material distributed.
Clothing/Buttons and Badges
Buttons, badges, armbands or clothing bearing slogans or sayings may be worn unless their message falls within the categories prohibited by law and Board policy. No employee shall interfere with this practice on the grounds that the message maybe unpopular with students or faculty.