Your Rights to Free Speech in Public Schools

Free Speech in the Classroom

Do I have the right to speak freely and express myself in school?

Yes. You do not lose the right to freedom of speech just because you are a student, and your school cannot stop you from expressing yourself peacefully. Many different kinds of expression are protected, including what you say, what you do, and what you wear.

Can my school limit my ability to express myself at school?

Sometimes, yes. The school can censor your speech if it could cause a “substantial disruption” to the school environment. This means that there is a good chance that what you say or do will get in the way of classroom or school activities. Your school does not have to show that your speech actually caused a “substantial disruption.” They just have to show that they had a good reason for thinking that it would.

Courts have found that it is not substantial disruption where students are simply discussing what the student did or said. But courts have found that speech is a substantial disruption if school staff are pulled away from their regular activities to address the harm the speech caused or if the speech is violent or threatening to members of the school community.

Your school can also make any rule it wants that places limits on student speech without singling out any one student or message. Dress codes are a good example. Dress codes are legal as long as they apply the same to everyone. However, schools cannot create rules for clothing worn by girls but not by boys and vice versa, and they cannot block students from wearing clothes with some messages but not others.

Can my school censor my speech because it is inappropriate?

Yes, your school can stop you from using language that is inappropriate for school. This includes anything explicitly sexual or that is sexually suggestive. For example, a student can get in trouble for alluding to sex in a school speech. Your school can also stop you from saying anything that supports people using drugs or alcohol.

Can the school censor what I say or do in school activities?

Yes, schools can create many more rules for how students express themselves in “school-sponsored” activities. “School-sponsored” speech is anything that other people would think the school approved or supported, even if the school doesn’t support or approve of it. This includes both regular classroom activities and clubs that are run by a teacher or staff member. For example, the school can censor the student newspaper if it is created under adult supervision or a student concert, play, or art show if it is organized by school staff. In some circumstances, a class assignment or presentation can be considered school-sponsored speech, including comments on a website like Blackboard or Canvas.

There are some limits on these rules for “school-sponsored” speech. First, schools can only censor student speech if they have a good reason that is based on the school’s teaching and learning goals or school policies.

Second, any rule for “school-sponsored” speech has to apply the same to all speech. Let’s say that you love dogs, but another student in your class loves cats. Your teacher also loves cats but hates dogs. The teacher can’t let the pro-cat student share pro-cat beliefs but stop you from talking about how much you love dogs.

Can school officials prevent me from expressing my opinion on controversial topics?

It depends. Your school can stop you from sharing controversial opinions in “school-sponsored” activities if people would think your school approved or supported those opinions. However, they cannot allow some students to express controversial opinions but not others. For example, school officials could not stop students from hanging a poster saying, “Black Lives Matter” but allow other students to hang a poster saying, “Blue Lives Matter.”

It is different outside of these “school-sponsored” activities. Your school cannot stop you from expressing an opinion just because the school finds it too controversial. It can only censor your speech if it has a good reason to believe that your opinion will cause a “substantial disruption.”

Can school officials limit the ideas I express in a classroom presentation or assignment?

It depends. Generally, classroom assignments or presentations are considered “school-sponsored” speech because they are assigned and supervised by school staff and are designed to teach particular information or skills. Therefore, teachers can generally decide the topic of the assignment and place limits on student speech as long as they have a good reason to do so.

There are, however, some exceptions. Schools cannot discipline or censor students who express their opinions because their viewpoint is unpopular or because the teacher disagrees with it. In most cases, comments you make in an open-ended classroom discussion can only be censored if it caused (or could have caused a) a “substantial disruption.”

Access to Learning

Do I have a right to be taught with diverse and inclusive materials?

While there is no legal right to a diverse and inclusive curriculum, New York’s Board of Regents, which oversees the public school system, strongly supports it and has adopted guidelines to make sure that school districts provide curriculum that affirms student identities and develops students’ ability to connect with people with different life experiences.

Schools can violate civil rights laws by censoring books or curriculum materials that discuss the history and experiences of people who have been discriminated against, or by stoppingdiscussion about discrimination against people of color and LGBTQIA+ people. This is true even if a school district says they are banning materials because they are inappropriate or sexually explicit if you can prove that the district’s stated reason is “pretextual” or in other words, made-up. Schools are legally responsible for making sure that classrooms are inclusive for all students and they cannot ban materials that accurately show or analyze topics related to race, gender, or sexual orientation simply because of pressure from parents or community members.

Can my school ban books or other materials in the school library?

It depends. There is no legal right to have a particular book in the school library and schools are allowed to pick and choose what to include. However, once a book has been selected, schools cannot remove it from the library just because they dislike it or disagree with the opinions of the author. Also, schools cannot remove books just because of the race or identity of the author. That said, schools can still remove school library books if they have a good reason that is based on their teaching and learning goals for students. For example, a school can remove a book because of factual inaccuracies or because it is outdated.

Many school districts have policies that establish a process that they must follow to remove a book from the curriculum or library. It is important that school districts follow these procedures carefully when making a decision. If districts don’t follow their established process, it could be evidence that they removed the book because they didn’t agree with the author’s ideas or opinions. To learn more, check your district’s web site or policy manual. If you know of a book ban at your school or in your district, reach out to the New York Civil Liberties Union at schools@nyclu.org.

What can I do if I think my curriculum or library books are being removed inappropriately?

First, check your district’s web site or policy manual to see if they have a process for handling complaints about academic or library materials. In some districts, parents and students may be able to serve on the committee that reviews these complaints and makes recommendations about whether books should be removed. While it varies from district to district, this committee usually makes a recommendation to the superintendent, who makes a final decision.

If your superintendent has decided to remove a book or material and you disagree, you can usually appeal their decision to the school board. Districts frequently have a time limit for filing an appeal, so act fast. In addition to filing an appeal, you can mobilize students, parents, and community members to let the school board know you don’t want censorship in your school. You could speak at board meetings, collect signatures for a petition, or ask people to call or email school board members.

If the school board also votes to remove the book, then you can appeal to the Commissioner of Education. The Commissioner of Education is in charge of the New York State Education Department and supervises schools across the state. You must file an appeal within 30 days of the school board’s decision to remove the book. While you can file these appeals on your own, it is a good idea to work with a lawyer who is familiar with the process. If you need help finding someone, contact us at the New York Civil Liberties Union (schools@nyclu.org).

My district hasn’t banned any books and I want to make sure it doesn’t happen in the future. What can I do now?

You can advocate for strong policies that commit your district to providing diverse and inclusive materials and establish clear and complete steps for reviewing and responding to any complaints. The New York Civil Liberties Union has a model policy you can share with your school district. We have also created a cover letter you can send to your school board members explaining what the policy is and why it is important.

Can I read or talk about a banned book on school grounds?

Yes. Reading or talking about a banned book is the same as doing or saying anything else at school. It is not “school-sponsored” speech because the book is not part of any classes or school activities. This means that you are allowed to read or discuss the book as you wish. You can only get in trouble if you cause a “substantial disruption.” Your school banning a library book does not change your own right to have it. All it means is that the school itself cannot buy or display the book.