How Governmental Policy in an Academic Environment Beyond the Classroom Affects Students Regarding Conduct Originating Off School Grounds in Violation of Their First Amendment Rights

Abstract

Public school students do not lose their constitutional rights when they walk through the schoolhouse doors. The U.S. Supreme Court has recognized that “students in school as well as out of school are ‘persons’ under our Constitution.” This means that they possess First Amendment rights to express themselves in a variety of ways. They can write articles for the school newspaper, join clubs, distribute literature and petition school officials. But public school students do not possess unlimited First Amendment rights. Two legal principles limit their rights. First, as the Supreme Court has said, minors do not possess the same level of constitutional rights as adults. Second, the government generally has greater power to dictate policy when it acts in certain capacities, such as educator, employer or jailer. For instance, a school principal can restrict a student from cursing a teacher in class or in the hallway. However, the principal would have limited, if any, authority to punish a student for criticizing a school official off-campus. This principle of greater government control applies broadly in the public schools. The paramount duty of public school officials is to educate children in a safe environment. As one federal court stated, “Learning is more important in the classroom than free speech.” However, public school officials act as arms of the government — state actors — and thus must respect the Bill of Rights and the First Amendment. The problem comes in ensuring that public school officials have authority to do their jobs without trampling on student free-expression rights.