Providing Powerful Legal Representation to Public Schools

First Amendment Speech Issues

An effective school policy needs to consider individual first amendment freedom of expression rights while promoting an educational atmosphere that reflects the school's values and objectives. By policy, threats of violence, profanity and other offensive forms of speech may not be tolerated. However, defining what speech constitutes a threat can be complicated. Speaking out in class during a class discussion may be encouraged, for instance, unless the utterance is disrespectful or threatening. The same questions may apply to the formation of non-curriculum based student clubs, school papers, Internet sites, off campus speech and electronic speech.

Free speech and freedom of expression also govern artistic and symbolic expression. Guin Mundorf attorneys have successfully helped several school districts review or draft policies to encompass all forms of expression, determine appropriate disciplinary techniques, and defend policies when challenged.

Related freedom of expression issues include:

Dress codes and uniforms
In school and off campus speech
Book and media censorship
Internet speech, email, text and electronic messages
Yearbooks and school newspapers
Student clubs

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