Can They Really Say That? K-12 Students’ First Amendment Rights In 2022

Learn what student speech is protected by recent Supreme Court decisions.

Less than a year ago, in Mahanoy Area School District v. B.L., the U.S. Supreme Court shook up K-12 public educators by declaring that a high school cheerleader had suffered a violation of her First Amendment free-speech rights. The American Civil Liberties Union declared this a major victory and even marketed a t-shirt with the student’s obscenity emblazoned on it.

Courts have given K-12 students significant latitude to speak their minds and demonstrate their views. Issues ranging from school shootings to climate change have inspired recent student activism.’

You are not without recourse when student speech and demonstrative activities disrupt the educational process. But, as the Mahanoy Area case reminded us, curbing student speech is a tricky business.

• Do First Amendment rules apply to minor students?
• What should a legal student speech policy look like in 2022?
• How do recent Supreme Court free speech decisions affect schools?
• How can you manage student newspapers and other media?
• What are the ACLU, the Foundation for Individual Rights in Education (FIRE), and other advocacy groups watching for?