FREEDOM OF EXPRESSION

 

The Board of Education affirms that its policies and the rules and regulations of the district shall be applied in a manner so as to assure freedom of expression for students consistent with the comprehensive authority of the board and administration under the laws of the State of Nebraska to prescribe and control conduct in the schools.

 

The primary liberties in a student's life involve the process of inquiry and of learning, of acquiring and imparting knowledge, and of exchanging ideas. This process requires that students have the right to express opinions, to take stands and to support causes, publicly or privately, in a manner consistent with the rights of others and the lawful functions and objectives of the school and the school district.

 

Freedom of expression does not extend to expressions of a lewd, profane or obscene nature, those which are libelous, or slanderous, those which by their utterance inflict injury or tend to incite an immediate breach of the peace, or those which do, or which school authorities can reasonable predict will result in substantial and material interference with the work and discipline of the school or the rights of others.

 

Legal Reference:                     U.S. Const. amend. I.

Hazelwood School District v. Kuhlmeier, 484 U.S. 260                                (1988).

Bethel School District v. Fraser, 478 U.S. 675 (1986). Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503        (1969).

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir.       1987).

 

Cross Reference:                     504      Student Rights and Responsibilities

                                                506      Student Activities

                                                604.10 Academic Freedom

                                              1005.10 Distribution or Posting of Materials

 

 

 

 

 

 

 

 

 

 

Approved _______________ Reviewed ______________ Revised ________________