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Student ExpressionWilliam Allan Kritsonis, PhD

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What is Student Expression?

• The 1st Amendment guarantees our 

right to free expression and free

association, which means that the

government does not have the right to

forbid us from speaking and writing

what we like. This includes students in

public schools, students DO NOT giveup their first amendment right at the

school door.

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What do the Courts Say?

• 1969 Tinker v. Des

Moines Independent 

Community School  

District the Supreme

court held that publicschool students have

the right to express

themselves orally, in

writing, leaflets, buttonsarmbands and t-shirts.

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So Can Students Say Anything

they Want?

• No there are exceptions to theruling and ways around fullblown student expression

• Students can expressthemselves as long asadministrators feel that it does

not “materially andsubstantially” disrupt classes.

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Hazelwood School District v 

Kuhlmeier 

• Public school

administrators can

censor student

speech in officialschool publications

or activities if the

official think

something said isbeing “harmful”or 

inappropriate”.

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Common Issues in Student

Expression

• SchoolNewspapers

• Dress Code• Library Books

• Pledge of 

Allegiance• Student opinion

of teachers

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School Newspapers

• If it is a completely student-run paper that is handed out in school, theschool may not censor what is said or stop you from handing it out as longas the paper is not “indecent” and it isnot “materially and substantially”

disruptive of school activities.

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Remember!!!

• Topics can be deemed

controversial but important to

students such as sexeducation, condoms, drug,

sexual orientation, etc. Thecourts says that is it is

“inappropriate or harmful” it

can be censored!

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Dress Code• Can be

enforced aslong as they are

notdiscriminatoryor unreasonable,almost no dresscode cases areoverturned.

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Library Books

• 1982 Island Trees v.

Pico the Supreme

Court rules that

school boards can’tremove books from

a school library

because they don’t

agree with thecontent.

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Pledge Of Allegiance

• Student DO NOT

HAVE to say the

Pledge of 

Allegiance, however students must

remain silent during

the reciting of the

pledge.

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Student Teacher Opinion

• Students are welcometo have their ownopinion of teachershowever it can’t becommunicated in a

school sponsoredpublication or event,Printing something or saying somethinguntrue can lead to libel!

Be aware of out of school expression withwebsite such asratemyteacher.com

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Laws to Know

• Remember as administratorsthe law! It is your guide in

knowing if a student isprotected or not. Now letssee what you would do in

the following scenarios!

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Can students

wear clothes withprofanity?

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NO!

• No, public school officials can prohibitstudents from wearing shirts with profanemessages. In its 1986 decisionBethel School Dist. No. 403 v. Fraser, the U.S.Supreme Court wrote: “Surely, it is a highlyappropriate function of public schooleducation to prohibit the use of vulgar andoffensive terms in public discourse.” The

Court explained that “schools must teach byexample the shared values of a civilizedsocial order.”

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Can I wear purple hair to

school?

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Yes and No!

• Courts are much divided on this issue. Among thefederal appeals courts, the 1st, 2nd, 4th, 7th and 8thcircuits have seemed receptive to students’ claims of free-expression rights concerning their hair. But the 3rd,

5th, 6th, 9th and 10th circuits have seemed unreceptive.• Many cases involving student hair today deal not with

length but color. For example, a high school student fromVirginia sued his school district in federal court after school officials suspended him for having blue hair. A

federal judge reinstated the student, finding a violation of his constitutional rights.

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Can political messages be

worn on clothing?

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Yes!

• Usually they are protected in dress-code casesas long as they are not conveyed in a vulgar or lewd fashion. InTinker v. Des Moines Independent Community Scho

(1969), the U.S. Supreme Court ruled that publicschool students could wear black armbands toschool to protest U.S. involvement in theVietnam. The Court noted that the students wereengaging in a form of symbolic speech that was

“akin to pure speech.” In later decisions, courtshave recognized that students have moreprotection when they engage in politicalexpression

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Bottom Line

• Know your rights as an administrator 

• Know your students rights

• Know your State and Federal laws!• Know your district policies!

• Do not act unless you Know!!!