Regulating Political Speech In The School Setting

With students and teachers now back in school and a contentious national election approaching, school administrators may be faced with challenges if and when students and teachers seek to engage in political activity in the schools. Significantly, the free speech rights of students and teachers are governed by different rules, but one thing is constant — decisions must not be based on the political viewpoint being expressed. Please consider the following guidance as you navigate these issues. 

STUDENTS

The free speech rights of students under the First Amendment were first articulated by the United States Supreme Court in 1969. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). There, the Court considered the case of Mary Beth Tinker, who, along with her brother and a friend, was disciplined for wearing black armbands to school to protest the war in Vietnam. Ruling in her favor, the Court stated, “It can hardly