Schools, censorship, and the law | TheHill – The Hill

Posted: March 23, 2022 at 6:29 pm

The First Amendment applies to school classrooms.

That principle is foundational for Prof. Catherine J. Ross of George Washington University Law School in her explanation of the attempts by government bodies to limit what students can learn or even mention in public schools.

For decades, federal courts have dealt with disputes between school authorities and the people they serve and employ that is, students, families and teachers.

As Ross notes, Supreme Court decisions have provided guidance on when schools can restrict expression in the classroom. Based on a ruling made in 1969, schools are allowed to prohibit speech that materially and substantially interferes with appropriate discipline in the operation of the school.

In later decisions, the Supreme Court modified this basic principle, effectively allowing schools more authority to censor classroom speech. Schools cannot require students or teachers to forfeit freedom of speech altogether, but the limits to school authority are not perfectly defined.

As several states move to limit their schools curriculum on subjects like race and LGBTQ+ issues, Ross anticipates different federal appellate courts may reach contradictory decisions. And at that point, Ross explains, the Supreme Court could choose to take up the issue.

Find out more in the video above.

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Schools, censorship, and the law | TheHill - The Hill

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