5723 - STUDENT RIGHTS OF EXPRESSION

Southern Local School District

Administrative Guidelines

5723 - STUDENT RIGHTS OF EXPRESSION

In accordance with Board Policy 5722 and Policy 9700, students have the right, protected by the First Amendment to the U.S. Constitution, to exercise freedom of speech. This includes the right to distribute, at reasonable times and places, unofficial written material, petitions, buttons, badges, or other insignia, except expression which:

	A.	is obscene to minors;
	B.	is libelous;
	C.	is pervasively indecent or vulgar;
	D.	advertises any product or service not permitted to minors by law;
	E.	constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person's race, religion, or ethnic origin);
	F.	presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of school or school activities, a violation of school guidelines, or the commission of an unlawful act.

Distribution on school premises of material in any of the above categories is prohibited.

Procedures

Any student wishing to distribute unofficial written material must first submit for approval a copy of the material to the principal twenty-four (24) hours in advance of desired distribution time, together with the following information:

	A.	name of the student or organization
	B.	date(s) and time(s) of day of intended display or distribution
	C.	location where material will be displayed or distributed
	D.	the grade(s) of students to whom the display or distribution is intended

The principal should either approve the material or indicate how it violates the guidelines listed above or the time, place, and manner restrictions listed below. If permission to distribute the material is denied, the student shall have the opportunity to make necessary revisions and/or deletions.

Permission to distribute material does not imply approval of its contents by either the School, the administration of the School, or the Board.

If the student is dissatisfied with the decision of the principal s/he may submit a written request for appeal to the Superintendent.

The student submitting the request shall have the right to appear and present the reasons, supported by relevant witnesses and material, as to why distribution of the written material is appropriate.

Time, Place, and Manner of Distribution

The distribution of written material shall be limited to a reasonable time, place, and manner as follows:

	A.	No material may be distributed during the time or at the place of a school activity if it is likely to cause a substantial disruption of that activity.
	B.	No material may be distributed if the distribution blocks the safe flow of traffic within corridors and entrance ways of the school.

Definitions

The following definitions shall apply:

"Obscene to minors" is defined as:

		1.	the average person, applying contemporary community standards, would find that the written material, taken as a whole appeals to the prurient interest of minors;
		2.	the material depicts or describes conduct that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors;
		3.	the material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

"Minor" means any person under eighteen (18) years of age.

Disciplinary Action

Distribution by any student of non school-sponsored material prohibited by these guidelines will be halted and disciplinary action will be taken in accordance with the procedures contained in AG 5600 and AG 5610.

Any other party violating this guideline will be requested to leave the school property immediately and, if necessary, the police will be called.

A copy of this administrative guideline is to be published in student handbooks at the secondary level.

Approved 3/25/91