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First Amendment Issues Impacting Schools: Walk-outs, social media and kneeling

Original Air Date: March 7, 2018

Schools are tasked with making decisions impacting student and staff First Amendment rights every year, often around issues and types of speech that the courts have yet to consider. What does the balance between free speech and school disruption mean for schools in 2018? This discussion by a panel of school attorneys, looks at recent court cases impacting First Amendment issues in California schools, and what board members need to be aware of when making decisions impacting student and staff speech.

These questions are discussed:

  • Under the First Amendment, how do Instagram posts compare to protest armbands?
  • Under what circumstances can schools censor off-campus social media posts by students?
  • Is kneeling during the national anthem a protected form of expression for students? What about student walk-outs and protests?
  • What are the limitations on staff speech?

Moderator: Mike Ambrose, Staff Attorney, California School Boards Association
Presenters: John Dietrich, Partner, Atkinson, Andelson, Loya, Ruud & Romo Sloan Simmons, Partner, Lozano Smith May 7, 2018