Every school year involves students engaging in protests, and this one will be no different. Last year, some school and government officials responded to student speech in outsized, frightening, and even illegal ways.
With the new school year in full swing, it’s a good time to understand what free speech rights students have and the limits of those rights. Here’s what to know about students and the First Amendment.
Private school students may have different free speech rights from public school students.
Students at private schools do not generally have the same rights to freedom of speech as students at public schools, even if the private school receives government funding. Students’ free speech rights at private schools are usually established by the school’s rules, policies, and procedures.
For more information, check out the ACLU’s guide to student rights and this ACLU comic series that showcases how students can express their views in school. And note that D.C. public school students may also have expanded protections under the D.C. Student Bill of Rights.
Public school administrators cannot restrict student speech simply because they don’t like what students have to say.
The Supreme Court has long recognized that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This ruling came from Tinker v. Des Moines Independent Community School District, a landmark Supreme Court case that the ACLU litigated and that affirmed students’ First Amendment free speech rights at public schools. In this case, the court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process or violated the rights of others.
This principle is why ACLU-D.C. filed a lawsuit in April 2024 on behalf of the Arab Student Union at Jackson-Reed High School for censoring the students’ pro-Palestinian speech. You can read about one student’s experience in this Teen Vogue op-ed called “My Pro-Palestine Activism Was Blocked. So the ACLU and I Sued My High School for Censorship.”
After months of negotiations, DCPS agreed to affirm the First Amendment rights of student clubs in new guidelines, and we settled the lawsuit on September 9, 2025. These guidelines explicitly explain that a DCPS school “must not deny events, materials, or other media based on the contents of the student organization’s proposed expression or message but may deny the request if there is evidence that the organization’s communications will cause a material and substantial disruption in school operations.”
DCPS student groups will now start the 2025–2026 school year with stronger protections of their First Amendment rights. If you’re wondering about the “disruption” exception, keep reading.
Public school administrators can place reasonable restrictions on “disruptive” student speech.
You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
This exception is known as the “Tinker standard,” which also came from Tinker v. Des Moines, the same landmark case discussed earlier. Under this ruling, students can’t violate rules that aren’t targeted at expression — like attendance policies or policies about posting things on walls — as long as their school is applying the rules equally, regardless of whether students have broken them to protest or for other reasons. And students can’t “materially disrupt” the functioning of their school, though what’s considered disruptive can depend on the situation.
What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband and a shirt supporting the LGBTQ community.
Outside of school, students have essentially the same First Amendment rights as anyone else.
Students are most likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours. That’s because the First Amendment of the U.S. Constitution protects our fundamental rights to express ourselves, to gather with other people, and to protest our government, among other rights.
You have the right to speak your mind on social media, and your school has the least authority to punish you for content you post off campus and outside of school hours that does not relate to school. In 2021, the Supreme Court affirmed the right of students to post their views on social media in a case the ACLU brought on behalf of a student who was unlawfully punished by her school for content she posted on a Saturday off campus. In its ruling, the court affirmed that the student’s post was protected speech under the First Amendment, as it was posted off of school grounds and not at a school-related activity. The court also ruled that the school violated the First Amendment by punishing her for her speech.
For more information on speech rights, check out our blog post on how the First Amendment does, and does not, protect your speech.
School walkouts are generally not protected speech.
Because the law in most places requires school-age people to go to school, schools can discipline you for missing class. But schools cannot discipline you more harshly if you miss class to participate in a demonstration than if you miss class to go to a ball game.
The punishment you could face will vary by your state, school district, and school. If you’re planning to miss a class or two, look up the policy for unexcused absences for your school and school district. If you’re considering missing several days, read about truancy. Also take a look at the policy for suspensions.
If you are facing a suspension of 10 days or more, you have a right to a formal process and can be represented by a lawyer. Some states and school districts require a formal process for fewer days.
We are here to help.
If you believe that your First Amendment rights as a student have been violated in the District of Columbia, contact us. The ACLU-D.C. will always keep fighting to make sure that students can express their views without fear of censorship or retaliation.