Apparently, my high school on Long Island, New York, has banned petitions. Now, practically every other day I have to recite the first amendment in my AP American History class and I’m positive it guarantees the “right to petition the government for a redress of greivances.” I’m aware of the “in loco parentis” (sp?) Supreme Court decision, but I believe the same decision stated that students don’t lose their rights at the school gates. Furthermore, I don’t see how the school would be acting in place of my parents by forbidding petitions (to the school board.)
Now this is a general question. I honestly want to know whether or not the school is acting legally in forbidding petitions both to school and distric administration. So please, save the debating for a GD thread.
You’re thinking of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which is where the “schoolhouse door” quote comes from. Short answer, while students retain their First Amendment rights at school, schools do have the power to restrict political expression by students. Notably if such expression constitutes a “disruption” of the school. I would find it hard to believe that a student circulating a petition at lunch or recess or before or after school could be a legitimate exercise of school authority.
As always, IANAL and YMMV. I’d suggest calling the ACLU chapter in your area.
I would find it hard to believe that preventing a student from circulating a petition at lunch or recess or before or after school could be a legitimate exercise of school authority.
You say that this is a GQ and not a GB, but stating a banana is a pumpkin does not make it so. You haven’t given any underlying facts for the school’s actions. They didn’t promulgate this edict out of orniness. They must have a reason.
Without all the background data, it is impossible to give a definitive answer, and even with all the facts known, this is a type of question only the USSC can ultimately determine, in their infinite wisdom.
This is an issue of conflicting issues: the rights of the students to free speech and the rights of the school board to maintain discipline, order, and a friendly environment for the goals of the school, primarily education.
Did the school board (or whoever) enact a written rule banning petitions?
If so, it would be helpful if you posted the rule here.
My instinct is that a total ban on petitions would be unconstitutional.
On the other hand, if the rule says that students cannot circulate petitions during class, then it’s a lot more reasonable.
Of course I’m just shooting from the hip, here. What’s really necessary is to research the question.
Oh, and before you call the ACLU, keep in mind that if you challenge the ban, the school administration may very well retaliate against you in difficult to prove ways.
