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3220P - Freedom of Expression Procedure

Procedure 3220P - Freedom of Expression 

STUDENTS 

Freedom of Expression 

Students shall enjoy the privilege of free verbal and written expression, providing such expression does not disrupt the operation of the school.  The principal shall have the authority to monitor student verbal and written expression.  Students who violate the standards for verbal and written expression shall be subject to corrective action or punishment. 

For purposes of verbal and written expression, the following guidelines should be in effect: 

A. Publications or oral speeches which advocate racial, religious, or ethnic prejudice or discrimination or seriously disparage particular racia, religious, or ethnic groups are prohibited. 

B. Distribution of written materials or presentation of an oral speech in an assembly or classroom setting may be restricted: 

  1. Where there is evidence which reasonably supports a forecast that the expression is likely to cause material and substantial disruption of, or interference with, school activities, which disruption or interference cannot be prevented by reasonably available, less restrictive means; or 
  2. Where such expression unduly impinges upon the rights of others. 

C. . Distribution of written material or presentation of an oral speech which are construed to be obscene shall not be permitted.  Rules for determining obscenity should be consistent with those as applied to instructional materials.  Obscene materials is what the average person, applying contemporary community standards, would find that the work taken as a whole, appeals to prurient interests; that the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; or, that the work, taken as a whole lacks serious literary, artistic, political, or scientific value. 

D. . Libelous material or speech will be prohibited.  Libelous material shall be defined to include defamatory falsehoods about public figures or governmental officials.  In order to be libelous, the defamatory falsehood must be made with actual malice, that is, with knowledge that it is false, or with reckless disregard of whether it was false or not. 

E. Material may be considered profane when the language does not meet the standards of professional journalism as evidenced by the daily newspapers commonly distributed in the district.  Sanctions may be imposed on a student when he or she engages in offensive language. 

F. Publications may not invade the privacy of individuals.  Such occurrences may include:  exploitation of one’s personality; publications of one’s private affairs with which the public has no legitimate concerns; or wrongful intrusion into one’s private activities in a manner that can cause mental suffering, shame, or humiliation to a reasonable person of ordinary sensibilities. 

G. Publications or oral speeches which criticize school officials or advocate violation of school rules may be prohibited when there is evidence which supports a forecast that substantial disruption of school may develop. 

Adoption Date:      August 23, 1994