3. Students in Washington
State have a right to express their opinions about sexual orientation (pro or
con) at school, unless their expression:
- per Washington State’s 2002 anti-bullying law and constitutional free speech guarantees.
Under the First Amendment, public school officials wishing to restrict student speech based on a fear of disruption may not simply assume that expression about sexual orientation will disrupt the school or that it will interfere with other students’ education. To censor speech for such reasons, school officials must show facts that reasonably lead them to conclude that the speech will cause a substantial disruption. Moreover, speech is not itself disruptive merely because other students respond inappropriately to it.4)
v For more information on student speech rights, see Lambda Legal’s Out, Safe & Respected, available at www.lambdalegal.org/osr. Click on the “Speak Out” section.
|a.||Physically harms a student or damages the student's property.|
|b.||Has the effect of substantially interfering with a student's education.|
|c.||Is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment.|
|d.||Substantially disrupts the orderly operation of the school.|
|e.||A and C|
|f.||all of the above YES!|