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YOUR SPEECH RIGHTS AT SCHOOL

Sourced from Lambda Legal

Express yourself

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If you attend a public school, your right to express yourself is protected by the constitution under the First Amendment. (If you are a private school student, click here.

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This includes:

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  • The right to speak (or not speak) words relating to your identity and gender

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  • The right to share written materials with others and to wear pro-LGBTQ messages and images on clothing, buttons, or jewelry, without censorship or discrimination

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  • Students’ right to come out or self-identify as LGBTQ or as allies. In most cases, the Equal Access Act and the First Amendment also protect students’ right to form groups like gay-straight alliances and to participate in events like GLSEN's Day of Silence.

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  • Also, your school may not discriminate based on particular ideas by imposing extra restrictions or procedural hurdles.

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Your public school would be violating the First Amendment if it generally allowed students to wear written messages on their T-shirts but required students to receive prior approval for T-shirts supporting LGBTQ equality.

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Another thing to remember about your right to free speech: There is nothing “sexual” about discussing inclusion and respect; nor is there anything “sexual” about opposing harassment, discrimination and violence. In 2008 and 2009, three federal courts flatly rejected claims that LGBTQ-supportive student expression could be restricted because it was "inappropriately sexual" or interfered with an abstinence-only curriculum.

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With regard to public displays of affection, school limits must apply to everyone, not just LGBTQ students. Expressions of sexual orientation and gender identity generally fall under First Amendment protections.

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For more information about a particular jurisdiction, contact Lambda Legal at www.lambdalegal.org/help.

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