This information is not intended to be legal advice. If you have an individual question or issue please consult with an attorney.  

What are my free speech rights at school? 

The First Amendment generally protects your right to protest (i.e., peacefully assemble). Even when you’re on school grounds, you still have this right as long as you don’t disrupt the functioning of the school.

Can I get in trouble for participating in a school walkout? 

Yes, you can because schools generally have the right to make rules about student attendance and limit things that happen at school. Depending on what the rules are in your school, the school could impose consequences for missing class or school. This can be anything from marking your absence as “unexcused” in your record, to calling your parent/guardian, or a suspension. In many states, police or truancy officers can also arrest or fine a student for skipping school.

Some schools have exceptions to this rule for peaceful student protests. For example,  when students planned walkouts after the 2018 school shooting in Parkland, FL, many superintendents or principals allowed students to participate in the walkouts without consequence. However, since then some school boards have moved to require principals and superintendents to punish students for peacefully protesting during school.

Your school may claim that a protest disrupted school or caused a disturbance, which could lead to a suspension or arrest depending on state law. The First Amendment protects your right to speech in school but only as long as you don’t disrupt the orderly function of a school. Also, the school cannot punish you more harshly than someone who skipped school for a different, nonpolitical reason. That would be unfair and would violate your rights.

What are my options if I am disciplined for participating in a student walkout? 

If you are disciplined for participating in a walkout, you should read your school’s rules or code of conduct closely to find out what your rights are. You can typically find these rules in your student handbook or on the website for your school or school district. Depending on your school’s policy, your parent/guardian may be able to request that your absence be excused. You also may be able to request a restorative practice, conference, or other meeting with school officials and talk about the importance of student activism during the meeting. You may want to tell school officials your reasons for participating in the protest and the how protests and other forms of civic engagement are important to learning.

Where can I find out the rules for my school? 

You should look at your student code of conduct to find out what the consequences are for missing school. You can typically find the code of conduct in your student handbook or on the website for your school or school district. You should also see if any school or district officials have made a public statement about student protests related to the issue that the walkout was about (e.g., school shootings, police violence, or international conflicts/genocide). Talk with your parent/guardian or family members to see if any special announcements have been made in school newsletters or other platforms.

Use the following template to write your School Board.

Dear [Superintendent/Principal Name, School Board or Recipient],

As a concerned [parent/guardian] of a child attending a school in the [School District Name], I urge you to commit to supporting student free speech on school grounds.

School is a place for our students to grow and learn about the world around them. As educators entrusted with preparing young people to lead and to participate fully in our democracy, school leaders have a responsibility not just to teach civic values, but to practice them. Civic engagement is not a lesson confined to textbooks but rather, it is lived, often bravely, by students who speak out against injustice. I call on you as a school leader to protect young people who are organizing and participating in school walkouts, and to affirm that their voices matter.

This country has a rich history of youth protests: in the 1960’s, young people coordinated sit-ins that confronted racial violence and demanded an end to segregation, wore armbands in mass demonstrations calling for an end to the Vietnam War, and in more recent years, organized marches to call for gun reform. Today, in protest of violent ICE raids and abuse from federal and state agents, students across the country are organizing walkouts: one of the most powerful actions students can take to bring attention to their demands for those in power.

In support of students who want to organize walkouts or other student protests, I call on you to take any action in your power to support the adoption and publication of a “Campus Free Speech” policy for [School District Name]. Such policy should, at minimum:

1. Prohibit the Imposition of Discipline for Protest Activity: Students who organize or participate in a walkout or other student protest should not be disciplined in any way. Such prohibited discipline shall include suspension, expulsion, detention, or otherwise limiting a student’s participation in any school-based, cocurricular, or extracurricular activity. The policy should also prohibit staff from alerting law enforcement to prevent or respond to a walkout or other student protest. The ability to protest without fear of discipline will provide my child and other students with the agency to speak up against injustice, advocate for themselves and others, and do so in the protective space of their schools.

1. Support the Freedom of Expression: Establishing norms that support the freedom of speech and community organizing must come from the top down. Teachers and school staff should feel comfortable discussing with students the value of civic engagement and the issues that they wish to speak up about. Allowing students to develop and express fact-based opinions about the world is an invaluable lesson that cannot simply be taught inside the classroom; students should be able to flex that muscle as it grows.
2. Provide Guidelines for Staff to Support Student Organizing: The district must develop clear requirements for staff to meet in the event of a student walkout. They must be uniformly applied with no opportunities for individual staff to treat any student(s) differently from any other. Guidelines must include a commitment to not disrupt or prohibit a student walkout and training on safety protocols that exclude law enforcement involvement.

By adopting this policy, [District] will clearly support students’ ability to practice safe and peaceful advocacy and civic engagement.

I ask that you support the addition of this matter to the agenda of the next school board meeting, and that the board engage students, families, and school staff in transparently developing a Campus Free Speech policy.

Thank you for your attention to this matter. I hope you will stand with our family and your students as they become our future leaders and world changers.

Sincerely,
[Name]
[Role in community – Parent/guardian of students at [School name], community member, etc.]

Download Letter Template

This Principal’s Pledge can help principals and administrators commit to protecting student free speech by pledging to not penalize students for organizing or participating in walkouts or other forms of protest.

If your school district has not yet publicly supported or actively protected students’ ability to organize and speak up, this Principal’s Pledge presents the opportunity to take a stand and be a model for your peers across the school district. District leaders across the country are already doing the right thing and exercising discretion to not penalize students participating in protests and implementing protocols to ensure student safety during walkouts.

Take the pledge below to commit to making your school a safe place where all students can thrive, grow, and learn without fear of discipline for participating in school walkouts.

Download the Principal's Pledge