![]() ![]() 393 (2007).Īpplying this First Amendment framework, a school district likely will not be able to prohibit student apparel featuring social and political images or messaging unless the apparel in question has caused, or is reasonably likely to cause, a “substantial disruption,” if the image or messaging is “vulgar, offensive, lewd and indecent,” or if the speech promotes illegal activities. Finally, a school district may regulate speech that promotes illegal activities, as established by the Supreme Court in Morse v. 675 (1968), the Supreme Court held that a school district may regulate speech that is considered “vulgar, offensive, lewd and indecent,” regardless of whether the student’s speech creates a substantial disruption. 503 (1969), a school district may only regulate student speech if the district can show that the student’s speech would cause a “substantial disruption” or if the school district could forecast substantial disruption or material interference with school activities. Generally speaking, students have the ability to express their political views through their dress.Īs established by Tinker v. How may a school district respond to students who wear political apparel (shirts, face masks, pins/buttons, etc.) in school?Ī school district must address these incidents on a case-by-case basis to determine whether the apparel worn by the student constitutes protected speech under the First Amendment. This Legal Update addresses various scenarios that school districts have encountered, or likely will encounter, while providing legal guidance and practical considerations for response. Is your school district prepared?Īs students and staff look for ways to express their personal beliefs through apparel, masks, signs, and protests, school districts must be ready to address these matters once they cross the threshold into schools. Such issues will inevitably make their way through the schoolhouse gates. The current cultural and political landscape has had a significant impact on communities across our nation this summer. From the political – MAGA and Build Back Better – to social movements, such as Black Lives Matter, Antifa, and the neo-Confederate movement, the magnitude of the societal and political forces at play have increased tensions and spurned protests and activism. ![]() Public Services, Infrastructure, TransportationĪmidst a global pandemic, a presidential election is on the horizon, which, coupled with a variety of social movements, has created the perfect environment for a number of First Amendment issues to arise in schools. ![]()
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