The right to free speech, guaranteed by the First Amendment to the U.S. Constitution, is one of this country’s most cherished values. The First Amendment applies when government tries to restrict the expression of ideas and opinions. That includes public schools, because they’re run by governmental agencies. As the U.S. Supreme Court has said, students don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969).)
What Does Free Speech Mean?
Free speech covers more than just talking and writing. The First Amendment protects many kinds of expression, including silence or actions meant to show opinions or beliefs. For example, public school students have a constitutional right not to recite the pledge of allegiance or sing the national anthem (although schools may require parental permission for excusing them from participating).
Free speech also protects artistic expression. And it may apply to what students wear to school, when they use clothing or jewelry to send a message.
What Are the Limits on Free Speech at School?
Free speech rights aren’t absolute. For instance, courts have allowed more limits on children’s freedom of expression in K-12 schools than on adults in other settings (including colleges and universities), as part of balancing students’ rights with schools’ responsibility to ensure that children have a safe learning environment. In general, public school officials can restrict speech that’s disruptive, dangerous, or part of the curriculum or school communications. In some situations, they may also punish students for off-campus or online speech—for instance, when it involves severe bullying or threats against students or teachers.
Because the First Amendment prohibits only governmental actions that violate free speech rights, students at private schools don’t have the same protections as their public school counterparts. (Learn more about who’s allowed to censor speech.)
Does Free Speech Protect Students’ Access to Books and the Internet?
State and local education agencies have a great deal of authority to decide which textbooks are used in public schools. But when it comes to school libraries, the U.S. Supreme Court has held that school officials may not remove books from the shelves just believe they don’t like the ideas in them (Board of Education v. Pico, 457 U.S. 853 (1982)). The Pico court didn’t take on the issue of a school’s decision to choose books for the library in the first place.
Under a federal law known as the Children's Internet Protection (CHIP) Act, any school that receives federal money for technology costs must use filtering software on school computers to prevent students from seeing images that are harmful to children (including pornography and obscenity). As a result, many schools use software filters that block sites with any content related to sexuality. One federal court has found that a school violated students’ First Amendment rights by using a filtering program that systematically blocked websites with a positive attitude toward lesbian, gay, bisexual, and transgender (LGBT) people (Parents, Families & Friends of Lesbians & Gays, Inc. v. Camdenton R-III School District, 853 F. Supp. 2d 888 (W.D. Mo. 2012)).
Schools may get around First Amendment problems by setting restrictions on Internet access that don’t have anything to do with content. For instance, they could have a rule that students can only conduct online research on school computers for a class assignment.
What About Prayer and Other Religious Expression at School?
Freedom of religion, also guaranteed under the First Amendment, can overlap with freedom of expression. Students have a constitutional right to pray on their own at public school or express their faith in other ways, as long as that expression does not:
- violate other students' rights
- cause a disturbance
- get in the way of classwork, or
- appear to have the school’s official approval.
Learn more about religion in public schools.