BP 5145.2 — Freedom of Speech/Expression
Section: 5000 - Students
Status: Active
Adopted: 2017-11-14
Revised: 2021-12-16
Policy text
FREEDOM OF SPEECH/EXPRESSION
The Governing Board 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 websites 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.
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.
Off-Campus Expression
A student shall be subject to discipline for off-campus expression, including expression on off-campus Internet websites, 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
EDUCATION CODE
48907 Exercise of free expression; rules and regulations
48950 Speech and other communication
51520 Prohibited solicitations on school premises
UNITED STATES CODE, TITLE 20
CALIFORNIA CONSTITUTION
Article 1, Section 2 Freedom of speech and expression
U.S. CONSTITUTION
Amendment 1 Freedom of speech and expression
COURT OPINION
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