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Student Rights and Free Speech

Sixty years ago, when the U. S. Supreme Court decided its first free speech case involving students and the public schools, the idea that students had any right to free speech would have been considered laughable at best, dangerous at worst. At that time, school was considered a privilege to attend, and rules or regulations the school sought to enforce were untouchable. This generalization was collectively true at the elementary, secondary and college levels of education.

Student rights to free speech did not really become an issue until the Vietnam War, when more and more students found themselves at opposite ends of the political spectrum from their teachers and school administrators. The Supreme Court’s 1969 decision in Tinker v. Des Moines Independent School District opened the floodgates to school free speech litigation, and while court decisions have certainly gone back and forth between the right to free speech and the need to impose discipline and respect the feelings of all students, there has never been any attempt to go back to the strict free speech restrictions of the pre-Vietnam War era.

Public school free speech rights for students can be divided into those applying to elementary and secondary students and those dealing with college issues. Since college students are adults, the First Amendment situations dealt with are substantially different. Analyzing student free speech rights in this way can give a cohesive picture of those rights for students today.

Inside Student Rights and Free Speech