It depends what you're arrested for. The key to each of these strategies is to use empathy to understand first before being understood. Students' Rights Students' Rights: Speech, Walkouts, and Other Protests The grounds for their absence can be put simply and hauntingly: why learn when, in 12 years, there won't be a planet to practise in. You may not need a permit to use a bullhorn or megaphone, but the government may ban noisy parties without a purpose, or sound that is "amplified to a loud and raucous volume.". Yes. Introduction. Or with a history of sexual misconduct with children. No police officer or school employee has the authority to strip-search you. Her brother had attended a march in Washington earlier that year and brought home the idea to wear armbands. Federal Advocacy Update: Meeting With White House Officials, Department of Ed, and Members of Congress. Retrieved April 18, 2021, from https://rems.ed.gov/docs/RespondingToStudentProtests.pdf, Contributors: Christina Conolly, Franci Crepeau-Hobson, Scott Woitaszewski, 2021, National Association of School Psychologists, 4340 East West Highway, Suite 402, Bethesda, MD 20814, 301-657-0270, www.nasponline.org. The strategies outlined below can help educators reinforce resilient behavior, adaptive coping, and constructive approaches to debriefing current events in ways that support the entire school community. You have the right to approach willing passersby to hand them a leaflet, engage them in conversation, or ask them to sign a petition. In the 1940s and '50s, suspected subversives or Communists were often charged with 'incitement to illegal activity' and convicted. In addition to Tinker, the ACLU has successfully represented students asserting their rights to wear clothing expressing anti-abortion views, support for the LGBT community, and even opposition to the ACLU itself. DCPS students leave school, march in protest of President-elect Donald may not live within a distance of one-quarter mile of a school for children in grades kindergarten through 12. My dad was a Methodist minister, and he always said if you dont follow your conscience, we could have the Nazis.. Such an ordinance is unconstitutional and you can't be lawfully punished for violating it. We recommend that you. California courts sometimes use the Federal Forum Analysis to evaluate limits on speech on public property, but they have also used another testthe "basic incompatibility" test. Under that test, expressive activity on government property may only be prohibited if the speech is incompatible with the normal activity of the venue. So, whether you're planning to engage in civil disobedience or not, you should be familiar with the California statutes most often invoked against demonstrators: When can the police break up a protest or demonstration? Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law. So, for example, a school can prohibit you from wearing hats because that rule is not based on what the hats say but it cant prohibit you from wearing only pink pussycat hats or pro-NRA hats. Public school student free speech: A primer | Constitution Center LGBTQ students have a right to be who they are and express themselves in public schools. Retrieved from: https://www.nassp.org/2018/02/23/considerations-for-principals-when-students-are-planning-an-organized-protest-or-walkout/ on 4/20/21. Groups have successfully challenged burdensome fees by arguing that: You should consult an attorney or contact the ACLU Foundation of Northern California's advice line. They should also know that in addition to walkouts, there are actions they can take for which schools cannot legally impose punishment. Whether you're marching on city hall, holding a candlelight vigil, or picketing outside a private business or residenceyou should check your local permit ordinance before you put on your marching shoes and pull out the megaphone. But this right doesn't extend to libel, slander, obscenity, "true threats," or speech that incites imminent violence or law- breaking. The following are some tips to follow if your district EOP does not have a civil unrest annex. Real change starts with you and every one of us can help make a difference. If you remain in custody, a judge will review your case within 48 hours and you must be taken to court within two business days. Password protect your devices (smart phone, computer, tablets), Use encryption messaging services like Signal, Evaluate your privacy and location tracking settings on social media, Consider the potential harms of posts that include bystanders, facial recognition surveillance can be used to identify protest attendees. ACLU Foundation of Northern California's advice line. (2008). If your posts are political or religious, the school will have to meet an especially high bar to justify any punishment. . What counts as disruptive will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in bad taste is not enough to qualify. . Can you accommodate the protest on school grounds? You also have the right to refuse to write or sign a statement. The answer varies from city to city, and also depends on the time and place you are speaking, but one general principle applies:You may use amplification devices as long as your intent is to communicate your message, not to disturb the peace. But what the school cant do is discipline students more harshly because they are walking out to express a political view or because school administrators dont support the views behind the protest. This is an area of the law that is changing a great deal right now. Are there special rules for medical centers or places of worship? Now one legislator wants to extend the practice to include public schools and . National and State Attitudes of US Adults Toward Tobacco-Free School Adults on campus are bound to obey the law. Considerations for principals when students are planning an organized protest or walkout. (2021). As such, school and district administration must prepare for the potential of civil unrest both in the community and at school (e.g., walkouts, sit-ins, protests), and to prevent or mitigate the impact of protests that might turn violent. Clarify consequences. This may not stop the search, but this is the best way to protect your rights if you end up in court. Penal Code section 288.5. ACLUs Mobile Justice Appcan be a useful tool for recording these interactions. Can I skip school for a walkout or protest? Mary Beth Tinker, a 13-year-old student at Warren Harding Junior High School in Des Moines, Iowa, wore a black armband to school to protest the Vietnam War and was suspended. the McLellan: Can high school students get together to protest This embed will serve content from youtube.com. Students transgender status and gender assigned at birth are confidential information protected by federal privacy law. High-school students nationwide have already taken to the streets in response to the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., which left 17 dead. Students Swarm the Capitol Grounds to Protest Climate Change If youre considering missing several days, read about truancy. Penal Code section 288 (a), (b), or (c) (1) 3. Once the government treats a public venue as available to some for non-commercial speech, it must be made available to all. Freedom of speech in schools in the United States - Wikipedia Subsequent courts have interpreted the government's ability to prohibit speech as incitement more narrowly. What counts as disruptive will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in bad taste is not enough to qualify. We want our children to be civically engaged. They werent allowed to go back to school until they agreed to go without wearing the armbands, so the Tinkers stayed home for a week. "Most school officials are open to listening to parents.". What if others react violently to what I say? So where does the Texas school districts pronouncement fall? If youre considering missing several days, read about truancy. The government cannot discriminate based on viewpoint, even in a non-public forum. Since the law in virtually all jurisdictions requires students to go to school, schools can typically discipline students for missing class, even if theyre doing so to participate in a protest or otherwise express themselves. This means that students are likely to be most protected if they organize, protest, and advocate off campus and outside of school hours. Printed materials and clothing with messages As long as it isn't vulgar, likely to disrupt school Visit our My School My Rights resource hubto learn more bout your rights at school. In the 7-2 majority opinion, Justice Abe Fortas said public school students don't "shed . However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. In California, the courts recognize big malls as the modern-day "functional equivalent" of a traditional public gathering place, because they have "common areas that would invite the public to meet, congregate, or engage in other activities typical of a public forum. Make sure you're prepared by brushing up on your rights before heading out into the streets. Magazines, Digital National School Walkout is planned for March 14, with another National High School Walkout planned for April 20, and the March for Our Lives is scheduled for March 24. Outside of school, you enjoy essentially the same rights to protest and speak out as anyone else. Her brother Johns experience was the same. If the officer asks you a question, you have the right to remain silent. The Notorious RBG, a Pandemic, and an Election. But if you waive these rights, anything you say, write, or sign can be used against you. This means youre likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours. . ." Technology tips: protect yourself from surveillance" with the following bullets: Can uniformed officers take photographs or gather information at a protest? You also are not liable for the way that counter-demonstrators react to your message. . Learn about civil disobedience at public California universities. Dont resist, fight, or flee from an officer who is arresting you. School leaders should work with students who want to organize protests or walk outs, provide options for safe ways to protest, and remind students and parents of policies and any consequences for unexcused absences. Life is all about choices and every choice has a consequence whether it be positive or negative. A few other students joined her. You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school as long as you don't disrupt the functioning of the school or violate the school's content-neutral policies. Students and young people have long been involved inand even the driving force behindthese movements, as we have seen recently with gun violence, climate change, and systemic racism. "Parents should discuss their concerns with school officials," says Kreitzer. Yes. As they continue to campaign for school shootings to Never Again happen, as signaled by the name of their movement, they have drawn national attention including praise from former President Barack Obama. Student Protests: Questions and Answers | Harvard Graduate School of Des Moines, Iowa, students Mary Beth Tinker and her brother, John display two black armbands, the objects of the U.S. Supreme Court's agreement on March 4, 1968, to hear arguments on how far public schools may go in limiting the wearing of political symbols. If you hold a small rally in a public park or march on the sidewalk and obey traffic laws, you generally wont need a permit. A school can't ban a T-shirt that reads "No War in Iraq" but allow one that says "Support Our Troops," for example. Yes. Before deciding whether to join a political walkout, students might want to find out what policies govern discipline for absences in their state, school district, and their particular school so that theyre aware of the potential consequences. National and State Attitudes of US Adults Toward Tobacco-Free School Check here if you would like to receive subscription offers and other promotions via email from TIME group companies. That also applies to pants, ties, or any other clothing associated with traditional gender roles. Can public universities or college campuses restrict protests? It is important to record openly and to maintain a safe distance. It falls on the unconstitutional side of the line because it appears to link punishment with the content of the student expression itself, he says, rather than the disruptive effects.. Courts have upheld students rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community. NASP Influence on Efforts to Reduce Violence and Improve School Safety, NASP Hosts Congressional Briefing on School Safety, 2018 GW/NASP Public Policy Institute: Early Bird Registration Ends 5/28, Federal Legislation to Address the Critical Shortage of School Psychologists, Statement of NASP President John Kelly Federal School Safety Commission Public Listening Session, NASP Leader Addresses the Effect of Media Coverage on School Violence at Federal Safety Commission Meeting, Advocacy, Leadership and LegislationAre we there yet?, Advocating for School Mental Health Services within State Policy, Congress Poised to Provide Increased investments in Education, Mental Health, and School Safety, NASP Delegate Role and Responsibilities Elections (Webinar), Paul H. Henkin Memorial Scholarship Award, Government and Professional Relations (GPR) Awards, Graduate Student Research Grants (GSRG) Program, Supporting Youth Affected by the War in Ukraine: Tips for Caregivers and Educators, Supporting Youth Affected by the War in Ukraine: Tips for Parents, Helpful Tips for Teens Affected by the War in Ukraine, https://www.nasponline.org/resources-and-publications/resources-and-podcasts/school-climate-safety-and-crisis, https://www.nasponline.org/resources-and-publications/resources-and-podcasts/diversity-and-social-justice/social-justice, https://www.nassp.org/2018/02/23/considerations-for-principals-when-students-are-planning-an-organized-protest-or-walkout/, https://rems.ed.gov/docs/LL_Vol3Issue1.pdf, https://rems.ed.gov/docs/RespondingToStudentProtests.pdf. A public college cannot allow protests on one side of an issue but prohibit protests on the other side. Also, you should be given the same right to make up work just as any other student who missed classes. A parent with custody of a minor child may make two additional calls to arrange for childcare. When can the police use force? To facilitate both dissent and access to the event, Harvard Chan School may designate certain areas in close proximity to an event in which picketing or protest can occur. Public schools can have dress codes, but under federal law dress codes cant treat students differently based on their gender, force students to conform to sex stereotypes, or censor particular viewpoints. Your school has less authority to punish you for what you say on social media while off campus and outside of school hours than it has to punish you for what you say in school. Are there constitutional limits to police intelligencegathering and surveillance of political activists? In either case, the police can prohibit you from blocking the sidewalk. And police officers may not use their powers in a way that has a "chilling effect" on ordinary people who wish to express their views. REMS Technical Assistance Center. Dress codes also must be enforced equally. H igh-school students nationwide have already taken to the streets in response to the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., which left 17 dead. We will discipline no matter if it is one, fifty, or five hundred students involvedA disruption of the school will not be toleratedwe are here for an education and not a political protest.. To prepare for and lessen the impact of acts of civil unrest or protests, school Incident Command System (ICS) teams (i.e., leadership of a school crisis team) can consider completing the following in collaboration with their local law enforcement and school building administration officials. Courts have upheld students rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBT community. Also take a look at the policy for suspensions. Though the Supreme Court ruled in subsequent cases that certain kinds of student speech can be limited such as when it contains gratuitous lewd speech (Bethel School District v. Fraser, 1986) or advocates illegal drug use (i.e. The case significantly weakened the principle of in loco parentis, the legal idea that the school serves in place of the parent while a student is in attendance, and can thus absorb some of a childs personal rights. One exception to this rule is if the officer has reason to think that you will resume breaking the law if you're released. At the center of the case was a 13-year-old from Des Moines named Mary Beth Tinker and her 15-year-old brother John, who were part of a group of five public school students suspended on Dec. 16, 1965, for wearing black armbands to school to protest the war in Vietnam. By signing up you are agreeing to our, Students Calling for Gun Control Can't Vote Yet. Ask if youre free to leave. In 1989, a landmark U.S. Supreme Court case invalidated the federal Flag Protection Act, along with flag desecration laws in 48 states. Media Contact:(415) 621-2493(press@aclunc.org) | User Agreement | Privacy Statement, Know Your Rights: Free Speech, Protests & Demonstrations, Police Interactions for Black and Brown People. Shopping malls are an exception to the rule. But schools cannot discipline you more harshly because of the message or the political nature of your action. School Vandalism and Break-Ins - ASU Center for Problem-Oriented Policing Check your local regulations to learn more. Students are walking out of school to protest districts' handling of And, looking back nearly five decades later, Mary Beth Tinker says the armbands were hardly a distraction at all and that those moments when her protest was disruptive were mostly caused by adults, such as the math teacher who sent her to the principals office. In Tinker, 393 U.S. 503 (1969), several students were suspended for wearing black armbands that protested against the Vietnam War.The Supreme Court ruled broadly that students' freedom of speech was not limited simply for being on school grounds, but schools do have a compelling interest to limit speech that may "materially and substantially interfere with the requirements of appropriate . Take time to familiarize yourself with the practical consequences of civil disobedience, and with the steps you can take to minimize your chances of an extended stay in jail: What should I expect if I'm arrested at a protest? In the last few days, many people have asked whether schools can discipline students for speaking out. David. PDF WHAT YOU NEED TO KNOW - National Coalition Against Censorship If you are the organizer of a lawful protest, you can't be held responsible should people in attendance commit unlawful acts, as long as your words don't directly incite violence or law-breaking. Educators and administrators must make necessary academic and medical accommodations, ensure equal access to educational activities and opportunities, and respond to harassment and bullying. Public schools are prohibited by federal law from discriminating against people with disabilities, and cannot deny them equal access to academic courses, field trips, extracurricular activities, school technology, and health services. You may not physically obstruct or intentionally interfere with the staff or patients of a medical clinic offering reproductive health services. So, for example, a school can prohibit you from wearing hats because that rule is not based on what the hats say but it cant prohibit you from wearing only pink pussycat hats or pro-NRA hats. Your school may not censor or punish you because of the content of your speechunless what you say is obscene, libelous, likely to incite material disruption or violation of school rules, or is deemed a "true threat." Cities may charge for the actual costs of a demonstration, including the costs of processing permits, traffic control, certain narrow insurance requirements, and some clean-up costs, but you may challenge excessive fees. Can Your Child's School Test Students for Drugs? - Public School Review If the school is not responsive, he adds, then it's time to contact an . The most problematic part in this overly broad warning is the ban on raising awareness, he says, because it suggests that the superintendent is opposed to students debating or discussing the news. Yes. Public schools have a responsibility to create a safe learning environment. This is true for other fundamental rights, as well. What does that mean in the real world? Some states and school districts require a formal process for fewer days, too. Yes, you have the right to organize a protest, but there are some things that could get you in trouble. In California, your free-speech rights are fully protected in school, as well as outside. New Mexico group to protest school mask guidelines - Las Cruces Sun-News Don't discuss your case with the police without consulting your attorney. For example, rules against revealing clothing, such as bans on tank tops or leggings, shouldnt be enforced only or disproportionately against girls. It is critical that school leaders listen carefully to students concerns and develop plans to address them. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. They cannot ignore harassment based on a students appearance or behavior. Digital An ordinance with no standards, or with vague standards (such as "will not disturb others" or "in the public interest" or "in the interest of vehicular or pedestrian traffic safety"), gives individual officials too much discretion. Can a School Drug Test a Student Without the Parent's Permission? LAS CRUCES - New Mexico Freedoms Alliance will be holding statewide protests against mask-wearing requirements in schools on Saturday. So in some ways the Texas school notice does get at the underlying legal principle: choices do have consequences for students. You can unsubscribe at any time. And ultimately, the superintendent doesnt have the last word on what constitutes a disruptive protest. Although the ACLU Foundation of Northern California cannot provide legal services to all callers, our civil liberties counselors, in consultation with our attorneys, can provide you with helpful information and referrals. The court in Tinker took the position that its not within the unilateral authority of the school to decree that something is disruptive, Raskin says. All students should be allowed to wear clothing consistent with their gender identity and expression, whether they identify as transgender or cisgender. Dont consent to a phone search; police need a warrant to search your phone. Can I set up a table to hold my literature or a chair so I can sit down? Coordinated student walkouts made national news but also spurred disciplinary threats from some school administrators.Read More, If youre a public school student, you dont check your constitutional rights at the schoolhouse doors. Protesters' Rights. Find out more by reading the policies of your school and school district. And nationwide, if you are facing a suspension of 10 days or more, you have a right to a formal process and can be represented by a lawyer. You should be allowed to protest on the outdoor streets and plazas of public college and university campuses, subject to reasonable time, place, or manner restrictions. Thats why its important that everyone especially students and allies learns about students rights. Likewise, officials can't ask you to promise that protesters will obey the law before agreeing to issue your permit. Can I burn the American flag as a sign of protest? Non-Public Forums: In other venues, your rights are less clearly protected. It may restrict speech activities that unduly interfere with classes. Depending on the type of protest and how receptive school officials are, those consequences can vary widely. Real change starts with you and every one of us can help make a difference. You shouldnt need a permit for demonstrations that don't "realistically present serious traffic, safety, and competing-use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks." Resisting arrest or delaying a peace officer (Penal Code Section 148), Disrupting a public meeting (Penal Code Section 403), Riot and unlawful assembly (Penal Code Sections 404-408), Failure to disperse (Penal Code Sections 409), Disturbing the peace (Penal Code Section 415) Trespassing (Penal Code Section 602), Refusing to obey a peace officer who is enforcing the Vehicle Code (Vehicle Code Section 2800(a)), Attempting to free a person who has just been arrested (Penal Code Section 405a), Using force, a threat of force, or physical obstruction to interfere with a persons right to reproductive health services or to attend a place of religious worship (18.U.S.C. If you're planning to block an intersection or lie down in the middle of the street, make sure you know your rights before you begin. If an airbag was fitted, a driver had no choice whether to use it or not, reducing the injuries and . The First Amendment generally protects your right to openly film government officials engaged in their official duties in a public place. You must not obstruct or interfere with an officer's legitimate aims. These schools are not allowed to punish a student who chooses to terminate a pregnancy or reveal a students private medical information. Responding to Civil Unrest in Schools: Prevention to Response Freedom of speech and the ability to assemble and protest are core values and Constitutionally protected rights in the United States.