The Rights of Student Groups

Under the Equal Access Act, 20 U.S.C. § 4071, if a school allows any noncurriculum related student groups (chess club, anime club, ACLU club, etc.) to meet on school premises it may not deny equal access to other students to meet on the basis of the content of speech of such meetings. Thus, a group of students have a right to meet to discuss any aspect of the military (e.g. sexual orientation discrimination, war) if any student groups are permitted.

If the school allows students to use bulletin boards or to disseminate noncurriculum information in any other way, it will be construed as having established a "limited public forum" for its students and may not discriminate on the basis of viewpoint (Hazelwood School District et al. v. Kuhlmeier et al., 1988). If the school allows military recruiters to use the bulletin board or other areas of the school to post information about the military, CARD would dictate that students as well as outside groups should have equal access for their opposing point of view. (San Diego Committee Against Registration and the Draft (CARD) v. Governing Board of Grossmont Union High School District, 1986)

Students should also be allowed to engage in expressive activity which is non-disruptive and at a time and place where they are permitted to be (Tinker v. Des Moines Independent Community School District, 1969). Thus, students should be able to wear a pro-peace or anti-military insignia on their person, particularly if military recruiters are in the school. In addition they should be allowed to hand out leaflets in the lunch room (or parking lot) about the military. If the school allows the recruiters in the lunch room, it would be hard pressed to argue that anti-recruiters would be any more disruptive than the recruiters themselves.