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Do students have a constitutional right to “free speech” in the context of public schools?

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Do students have a constitutional right to “free speech” in the context of public schools?

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ANSWER Students in public school (as opposed to a parochial or private school) have the right to free speech and expression, so long as the exercise of those rights would not materially and substantially disrupt the work and discipline of the school. However, courts have recognized that a school may impose reasonable regulations with respect to the time, place, and manner in which students and student organizations may conduct their speech-related activities. In addition, the First Amendment does not protect student speech that is vulgar, lewd, obscene, or plainly offensive. However, while school officials may, under certain circumstances, constitutionally limit a student’s expression, they may not compel other expression. For example, a school requirement that students salute the flag and recite the Pledge of Allegiance was held unconstitutional by the U.S. Supreme Court. A student’s right to free speech includes the right to communicate his or her views by means of written materials,

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