![]() Under Education Code 48907, your speech can’t be limited just because it leads to a disruption your speech must “incite” or encourage others to disrupt the school, violate school rules, or participate in illegal activities. Under the First Amendment, which applies to public and charter schools, your speech may be restricted when it creates a substantial disruption, meaning when you express yourself in a way that significantly interrupts a school activity, or when it encourages violations of school rules or illegal activities.īut California law provides that if you attend a public or charter school, your speech is more protected. ![]() What counts as a “substantial disruption” under the First Amendment? How is this different from California Education Code Section 48907? For example, schools are required to intervene if your speech makes it harder for students of other races to succeed in the classroom. But beyond that, a school can’t limit your speech-even if it’s disruptive-unless it incites (causes) other students to substantially disrupt the school, violate school rules, or participate in illegal activities.įinally, schools must make sure students don’t go to school in a “hostile environment.” So, schools may get involved if your speech repeatedly harasses others. Under Education Code 48907, a school can limit your speech if it is obscene or if it spreads false information that might affect someone’s reputation. Whether your speech interferes with the rights of others usually depends on if the speech seriously threatens or harasses other people, or if it spreads false information about someone that might hurt their reputation.Ĭalifornia Education Code Section 48907, however, adds extra free speech protections that make it even harder for a school to limit your speech. But a school can’t limit free speech just because it’s controversial, disrespectful, or upsets people. Whether your speech counts as substantially disruptive depends on the context. Constitution allows a school to limit free speech that (1) causes a “substantial disruption” at school (meaning it interrupts school activities in a serious way), or (2) interferes with the rights of others at the school. The First Amendment allows schools to limit your free speech in some cases, but a California law (Education Code Section 48907) makes it harder for public and charter schools to limit your free speech. ![]() Can my school limit my freedom of speech? This means that while you still have First Amendment rights at a private high school in California, your speech is more protected in a public or charter school in California because of Education Code Section 48907. A law known as California Education Code Section 48950 requires private secondary schools in California to follow the First Amendment (and protect student free speech) unless the school is controlled by a religious organization and the speech conflicts with the school’s religious tenets. If you go to private secondary school, your right to free speech is protected by a California statute. In addition, if you go to a public school or charter school, California Education Code Section 48907 provides even more protection than the First Amendment. ![]() Your right to free speech in public school or charter school is protected by the First Amendment to the U.S. Several laws protect your freedom of speech at school, but applicable law varies depending on whether you attend public or private school. What laws protect my freedom of speech at school? Does the type of school I go to matter? ![]() You do not lose the right just because you are at school or are a student. Do I have the right to freedom of speech while I am at school? It protects your ability to protest, meet with other people, and organize. Freedom of speech protects what you say, what you write, and how you express yourself. Freedom of speech is the right to express your ideas and beliefs the way you choose. ![]()
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