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5145.2 AR Administrative Regulation

Freedom Of Speech/Expression

School-Sponsored Publications Students shall have the right to exercise freedom of speech and of the press in official school publications, except for expression that is obscene, libelous, slanderous, or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (Education Code 48907) Official school publications includes material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either for a fee or free. (Education Code 48907) Each principal shall develop a school publications code outlining the responsibility of student journalists, editors, and publication advisors. All student submissions shall be held to professional standards of English and journalism. (Education Code 48907) If the principal considers material submitted for publication to violate Education Code 48907, he/she shall notify the student, without undue delay, and give specific reasons why the submitted material may not be published. Absent extraordinary circumstances, such notice should be given in sufficient time to allow the student time to either modify the material or to seek review of the principal's determination from the Superintendent or designee. Prior to any restriction of student speech, school officials shall consider any feasible alternative options to restricting the speech. To the extent that the principal or designee believes that the school and district should be disassociated from a particular idea or opinion, the principal may require student articles to include disclaimers. Distribution of Printed Materials and Petitions by Students The principal or designee may provide bulletin boards on which students and student organizations may post materials of general interest. Students also may post or distribute handbills, leaflets, and other printed material, whether produced within or outside of the school. Students may collect signatures on petitions concerning school or nonschool issues. Printed materials or petitions may be distributed only: - Before or after school or during lunch time - In locations that do not obstruct the normal flow of traffic within the school or at entrances No student shall use coercion to induce any other student or person to accept printed matter or to sign a petition. No funds shall be collected for any material distributed. Clothing, Buttons, and Badges Buttons, badges, armbands, and clothing bearing slogans or sayings may be worn unless their message falls into the categories prohibited by law and Board policy. No employee shall interfere with this practice on the grounds that the message may be controversial or unpopular with students or faculty.

Legal & Management References

State
CA Constitution Article 1, Section 2 - Freedom of speech and expression
Ed. Code 234-234.5 - Safe Place to Learn Act
Ed. Code 48205 - Excused absences
Ed. Code 48907 - Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 48950 - Speech and other communication
Ed. Code 51520 - Prohibited solicitations on school premises
Federal
20 USC 4071-4074 - Equal Access Act
U.S. Constitution, First Amendment - Free exercise, free speech, and establishment clauses
Management Resources
Court Decision - Dariano v. Morgan Hill Unified School District (2014) 767 F.3d 764
Court Decision - Chandler v. McMinnville School District (1992) 978 F.2d 524
Court Decision - Mahanoy Area School District v. B.L. (2021) 594 U.S. 180
Court Decision - Beussink v. Woodland R-IV School District (1998) 30 F.Supp. 2d 1175
Court Decision - Bright v. Los Angeles Unified School District (1976) 18 Cal. 3d 350
Court Decision - Emmett v. Kirkland School District No. 415 (2000) 92 F.Supp. 2d 1088
Court Decision - J.S. v. Bethlehem Area School District (2000) 757 A.2d 412 (Pa. Commw. 2000)
Court Decision - Lavine v. Blaine School District (2001, 9th Cir.) 257 F.3d 981
Court Decision - Leeb v. DeLong (1988) 198 Cal.App.3d 47
Court Decision - Lovell v. Poway Unified School District (1996) 90 F.3d 367
Court Decision - Muller v. Jefferson Lighthouse School (1996) 98 F.3d 1530
Court Decision - Smith v. Novato Unified School District (2007) 150 Cal.App.4th 1439
Court Decision - Hazelwood School District v. Kuhlmeier (1988) 108 S. Ct. 562
Court Decision - Harper v. Poway Unified School District (2006) 445 F.3d 1166
Court Decision - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
Court Decision - Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - CSBA

Cross References