• The U.S. Constitution & Students’ Rights
• Students' Rights Workshop on December 4, 2004
• Freedom of Expression
• Freedom to Assemble and Petition
• Freedom of Religion
• Discrimination
• Student Discipline

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There are two important amendments to the U.S. Constitution that help to explain the rights of students in public schools. Familiarize yourself with this information so that when the time comes you know your rights and/or use as a source if you find your rights being violated.

The First Amendment to the U.S. Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Here’s a breakdown: freedom of press, freedom of religion, freedom of speech, freedom to assemble, freedom to petition.

The Fourteenth Amendment to the U.S. Constitution states: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Here’s a breakdown: provides “equal protection of the law”, therefore preventing discrimination in schools and “due process of law”, which means being treated fairly when accused of wrongdoing.

Most student rights issues that you may be faced with in public schools are addressed below. The American Civil Liberties Union website and the Student Press Law Center website are good sources to use for any further information that you may need.

Some Supreme Court Rulings pertaining to Students’ Rights

John F. Tinker vs. Des Moines Independent Community School District (1969) The Tinker case established that students in public schools do indeed have protected speech rights while in school.

West Virginia State Board of Education vs. Barnette (1943) The Barnette case established that students in public schools cannot be compelled to say or stand for the Pledge of Allegiance, salute the flag, or sing the national anthem.

Arguably the most important right for students is freedom of expression. This freedom can cover a wide array of subjects, from written and spoken word (discussed in the SPEECH and PRESS sections) to how you dress. Your First Amendment rights are carried with you when you enter school property as long as you do not disrupt classes or other school activities. You may wear armbands and t-shirts that protest war or convey political messages (i.e. George W “International Terrorist” t-shirt) even if a principal or teacher MAY think it causes a distraction. The said clothing has to first CAUSE a disruption, and even in those cases may still be allowed, so you must stand up for your rights if confronted! Dress code and school uniform laws are varied from school to school and state to state. Many schools will only have codes that prevent you from wearing clothing that would disrupt the education process or cause a health or safety risk, but some have stricter rules. You will have to check with specific schools to find out their policies. Even then, dress code policies are not allowed to violate your constitutionally protected rights. You should check with the ACLU if you have questions about dress codes and how they impact your freedom of expression.

Freedom of Speech: Speech receives the same restrictions as other expressions, although some states may add further limitations, such as students must follow libel and obscenity laws. The ACLU argues that, except for the speech that “interferes with the educational process,” these additional restrictions may violate students’ free speech rights. Check with your state's ACLU chapter to see if additional restrictions are added. Part of your First Amendment right to free speech is the right NOT to speak. Schools cannot make you say the Pledge of Allegiance, salute the flag, or sing the national anthem.

Freedom of Press: The First Amendment protects freedom of the press, including school newspapers and underground student press. School-sponsored publications have more restrictions than underground or student-distributed literature because teachers and principals can censor or edit articles they think are obscene or too disruptive. However, school officials are not allowed to censor a school newspaper just because it criticizes the school or school officials. Underground newspapers or student-distributed literature cannot be banned by school officials just because they don’t like what you say in it. They also cannot stop you from distributing the literature on school grounds, as long as you follow rules telling when you are allowed to distribute. Be aware that the school is likely to say that it can ban indecent speech anywhere in school, whether it appears in the school-sponsored publication or underground newspaper. But, if the school allows other students to express their views, they must allow everyone the same opportunity for expression. The Student Press Law Center website can answer many other questions about press rights that are not addressed here.

Students are allowed to create clubs and organizations, as well as hold meetings on school property, if the school allows other groups to do so. This means that the Pro-Choice Teens group has the same rights as the Bible Club to meet and share ideas. Students have the right to hold protests and demonstrations on school property. However, the school can restrict where you protest and can stop a demonstration if it interferes with school activities. A few tips on school protests: A demonstration outside the school building has a better chance of being found legal than one inside the building. If the protest is about school issues it is more likely to be found legal than one on non-school issues.

Public schools cannot encourage or promote religion in any way. For example, teachers cannot lead prayer or Bible reading in the classroom and student-led prayers are not allowed at school sporting events. Public schools cannot discriminate against students because of their religion, or desire not to practice a religion. Individual students are allowed to pray at school, as long as they don’t disrupt school activities or try to force other students to pray with them. Classes can teach about religion as long as readings and class time are not used to teach that one religion is better than another, or to insult any religion. States may vary on their laws concerning religion in school, so check with your local ACLU chapter for further information.

The U.S. Department of Education has laws against the discrimination of people based on age, sexual orientation, color, disability, national origin, race, and sex. For example, Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Other types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. Another law against discrimination is that public schools have to provide instruction for non-English speaking students. These are only two examples, but for further information on laws against the other forms of discrimination mentioned visit the U.S. Department of Education - Office for Civil Rights website.

Due process means that the school cannot give you a serious punishment, like suspension or expulsion, without first having followed fair procedures to determine if you are guilty. Fair procedure would include: telling you exactly what you are accused of doing wrong, telling you exactly what the punishment will be, and giving you a chance to tell your side of the story before punishing you. The school also cannot punish you more severely than other students for the same offense, without good reason. If you are found guilty of something, the punishment can’t be more serious than the misconduct was. For example, your school cannot suspend you for a minor violation. Visit the ACLU Students’ Rights section of the ACLU website for further information on due process for students.