Eleanor Finch
Student walkouts are a heavily litigated area of law in the United States. While schools can punish students for absenteeism, they cannot punish students for the underlying reasons for their absence. This means that schools can punish students for walking out of class, but not for the content or message of their protest.
| Characteristics | Values |
|---|---|
| Schools can punish students for absenteeism | Yes |
| Schools can punish students for the content or message of their protests | No |
| Schools can punish students for walking out of class | Yes |
| Schools can punish students for the underlying expressive walkout itself | No |
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What You'll Learn
Student walkouts protesting gun violence
The legal regime surrounding student walkouts and political speech is one of the most heavily litigated areas of law in the US, with recent Supreme Court decisions being far from conclusive.
Some schools have tried to intimidate students into not protesting or retaliate against those who do. For example, a Texas school district reportedly threatened any student who walked out with a three-day suspension, even with a note from a guardian. This has been criticised as unacceptable, as schools cannot punish students for the content or message of their protests.
First Amendment Watch's Catherine J. Ross, a professor at George Washington University Law School, has written about "the troubling and growing tendency of schools to clamp down on off-campus speech". She proposes ways to protect free expression without disrupting education.
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School walkouts and the First Amendment
School walkouts are one of the most heavily litigated areas of law in the United States. The First Amendment protects the right to free speech, and this includes the right to protest. However, the First Amendment does not protect against constitutionally acceptable punishment for students who miss school to engage in a protest. Schools can punish students for being absent from class, but not for the underlying expressive walkout itself. This means that while students who take part in walkouts can be punished, the punishment cannot be harsher than that given to students who are absent for other reasons.
The latest landmark decision on school speech was the 5-4 Morse v. Frederick ruling, which only commanded a bare majority of justices. This ruling highlights the ongoing debate surrounding the First Amendment and school walkouts.
Some schools have tried to intimidate students into not protesting or retaliate against those who do. For example, a Texas school district reportedly threatened any student who walked out with a three-day suspension, even with a note from a guardian. This has raised concerns about the acceptable limits of punishment and the potential infringement on students' free speech rights.
It is important to note that the First Amendment does not provide absolute protection for all forms of speech. There are limitations, especially in school settings, where the curriculum and educational goals may take precedence. However, the First Amendment still guarantees students' right to express their views, even if it may result in constitutionally acceptable punishment for missing class.
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Student absenteeism and truancy
Schools can punish students for walking out of their classes, but not for the content or message of their protests. Schools cannot punish students for their political speech. This is because school speech and curriculum concerns vis-à-vis the First Amendment are one of the most heavily litigated areas of law in the United States.
Some schools have tried to intimidate students into not protesting or retaliate against those that do. For example, a Texas school district has threatened any student who walks out with a three-day suspension, even if they have a note from a guardian approving of their absence. This has frustrated parents, who believe that schools are clamping down on off-campus speech.
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School intimidation and retaliation
While schools can punish students for absenteeism and truancy, they cannot punish students for the underlying reasons for their absence. This means that schools can punish students for walking out of class, but not for the content or message of their protests. In other words, schools can constitutionally punish students for being absent from class but not for the expressive walkout itself.
Some schools have tried to intimidate students into not protesting or retaliated against those that do. For example, a Texas school district threatened any student who walked out with a three-day suspension, even if they had a note from a guardian approving of their absence. This is unacceptable.
Students who take part in walkouts could see themselves subject to constitutionally acceptable punishment. However, the punishment must be appropriate under the circumstances. This means that schools cannot have a harsher punishment for students who miss school to protest compared to students who miss class for other reasons.
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Appropriate punishment under the circumstances
While schools can punish students for absenteeism and truancy, they cannot punish students for walking out of class more harshly than they would punish students for missing class for any other reason. In other words, schools can punish students for being absent from class but not for the underlying expressive walkout itself. For example, a Texas school district was criticised for threatening students who walked out with a three-day suspension, even if they had a note from a guardian.
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Frequently asked questions
In the US, schools can punish students for being absent from class, but not for the underlying expressive walkout itself.
Schools can punish students for absenteeism and truancy, but punishments cannot materially differ due to the underlying reason for a student’s absence.
The First Amendment of the US Constitution is one of the most heavily litigated areas of law in the country. The latest landmark Supreme Court decision was the 5-4 Morse v. Frederick ruling, which only commanded a bare majority of justices.
