Home‎ > ‎Administrative_Guidelines‎ > ‎5000_Students‎ > ‎

5723 AdmGuide_Student Rights of Expression

In accordance with Board of Education Policy 5722 and Policy 9700, students have the right, protected by the First
Amendment to the U.S. Constitution, to exercise freedom of speech. This includes the right to distribute or
display, at reasonable times and places, written material, petitions, buttons, badges, or other insignia, except
expression which:
 
    A. Is obscene to minors;
 
    B. Is libelous;
 
    C. Is pervasively indecent or vulgar;
 
    D. Advertises any product or service not permitted to minors by law;
 
    E. Constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g.,
        threats of violence, defamation of character or of a person's race, religion, or ethnic origin);
 
    F. Presents a clear and present likelihood that, either because of its content or the manner of distribution or
        display, it will cause a material and substantial disruption of school or school activities, a violation of school
        regulations, or the commission of an unlawful act.
 
Distribution or display of material in any of the above categories is prohibited on school premises or at any school-
related event.
 
Procedures
 
Any student wishing to distribute or display nonschool material must first submit for approval a copy of the material
to the principal twenty-four (24) hours in advance of desired distribution/display time.
 
The principal should either approve the material or indicate how it violates the guidelines listed above or the time,
place, and manner restrictions listed below. If permission to distribute or display the material is denied, the student
shall have the opportunity to make necessary revisions and/or deletions.
 
Permission to distribute or display material does not imply approval of its contents by either the School, the
administration of the School, or the Board.
 
The student submitting the request shall have right to appear and present the reasons, supported by relevant
witnesses and material, as to why distribution/display of the written material is appropriate.  If the student is
dissatisfied with the decision of the principal, s/he may submit a written request for appeal to the Director of
Student Services. The Director of Student Services will render a decision within forty-eight (48) hours. The student
may appeal the decision to the Board of Education by notifying the Director of Student Services in writing.
 
Time, Place, and Manner of Distribution or Display
 
The distribution or display of written material shall be limited to a reasonable time, place, and manner as follows:
 
    A. No material may be distributed or displayed during the time or at the place of a school activity if it is likely to
        cause a substantial disruption of that activity.
 
    B. No material may be distributed or displayed if it blocks the safe flow of traffic within corridors and entrance
        ways of the school.
 
Disciplinary Action
 
Distribution or display by any student of nonschool-sponsored material prohibited by these guidelines will be halted
and disciplinary action will be taken in accordance with the procedures contained in AG 5600 and/or AG 5610.
 
Any other party violating this guideline will be requested to leave the school property immediately and, if
necessary, the police will be called.
 
Any distribution or display of materials must comply with the non-discrimination policy.
 
 
Approved/Adopted:  July 13, 2009
ĉ
Shari Weinstock,
Aug 1, 2011, 8:34 AM