May schools enforce speech codes on school grounds?
Schools can prohibit students from harassing other students on school grounds. However, schools must ensure that their speech codes are narrowly drafted in order to survive a First Amendment challenge. In 2001, a federal appeals court in Pennsylvania struck down a student anti-harassment code that prohibited “unsolicited derogatory remarks, jokes, demeaning comments or behaviors, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, threatening, bullying, extorting or the display or circulation of written material or pictures.” (See an article about this.) The appeals court determined that the student speech code was overly broad and could include “much ‘core’ political and religious speech,” which should receive First Amendment protection. At the college level, many speech codes have been struck down on First Amendment grounds.
Schools can prohibit students from harassing other students on school grounds. However, schools must ensure that their speech codes are narrowly drafted in order to survive a First Amendment challenge. In 2001, a federal appeals court in Pennsylvania struck down a student anti-harassment code that prohibited “unsolicited derogatory remarks, jokes, demeaning comments or behaviors, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, threatening, bullying, extorting or the display or circulation of written material or pictures.” (See an article about this.) The appeals court determined that the student speech code was overly broad and could include “much ‘core’ political and religious speech,” which should receive First Amendment protection. At the college level, many speech codes have been struck down on First Amendment grounds.
Yes. Within limits, public schools have discretion in implementing speech codes, especially those involving harassment. Such codes are usually part of an effort by school officials to create a nondiscriminatory, safe environment where all students are comfortable and free to learn. Despite the best of intentions, however, speech codes often collide with the free speech rights of students. Problems tend to arise when these codes extend beyond their intended goal and restrict areas of protected First Amendment speech, such as an individual’s right to express religious or political views or to discuss values and morality.1 Many recent speech codes use antibullying approaches to harassment and craft their speech codes accordingly. For example, in June 2001 Governor Bill Owens of Colorado signed into law a bill designed to prevent bullying in school.
Yes. Within limits, public schools have discretion in implementing speech codes, especially those involving harassment. Such codes are usually part of an effort by school officials to create a non-discriminatory, safe environment where all students are comfortable and free to learn. Despite the best of intentions, speech codes often collide with the free speech rights of students. Problems tend to arise when these codes extend beyond their intended goal and restrict areas of protected First Amendment speech, such as an individual’s right to express religious or political views, or to discuss values and morality. As discussed in the questions and answers that follow, many attempts at promoting more thoughtful behavior, though well meaning, may violate students’ constitutional rights.
