Free Speech and Schools

While students are not "stripped of their rights at the school house door,” school officials have the right to “reasonably” restrict students’ free speech rights if that speech interferes with teaching or discipline. But all the Supreme Court decisions dealing this have involved speech on school property. But a Burlington, CT school has punished a student because of what she wrote on her blog from her home computer.

Avery Doninger, 17, referred to school administrators as douchebags. As a result school officials banned her from serving as school secretary. A Federal District Court sided with the school stating the blog addressed school issues and was likely to be read by other students. Read about her appeal here.

I think the District Court and the school were both wrong. First of all, the school administrators need thicker skins. I was called much worse than “douchebag” when I was a teacher. But if she had called them that in school or written it in a school newspaper or on a school website, they would have a right to punish her. Maintaining discipline in a school is essential if students are going to learn. Students disrespecting teachers undermines that discipline.

But outside of school, students should have the same rights as anyone else. Writing on a private blog from home, not using school computers or Internet access, should have full First Amendment protection. After all, school administrators are government officials and what does the First Amendment protect if not our right to criticize the government?