School-Sponsored Publications
\n\nStudents shall have the right to exercise freedom of speech and of the press in official school publications, except for expression that is obscene, libelous, slanderous, or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (Education Code 48907)
\n\nOfficial school publications includes material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either for a fee or free. (Education Code 48907)
\n\nEach principal shall develop a school publications code outlining the responsibility of student journalists, editors, and publication advisors.
\n\nAll student submissions shall be held to professional standards of English and journalism. (Education Code 48907)
\n\nIf the principal considers material submitted for publication to violate Education Code 48907, he/she shall notify the student, without undue delay, and give specific reasons why the submitted material may not be published. Absent extraordinary circumstances, such notice should be given in sufficient time to allow the student time to either modify the material or to seek review of the principal's determination from the Superintendent or designee. Prior to any restriction of student speech, school officials shall consider any feasible alternative options to restricting the speech.
\n\nTo the extent that the principal or designee believes that the school and district should be disassociated from a particular idea or opinion, the principal may require student articles to include disclaimers.
\n\nDistribution of Printed Materials and Petitions by Students
\n\nThe principal or designee may provide bulletin boards on which students and student organizations may post materials of general interest. Students also may post or distribute handbills, leaflets, and other printed material, whether produced within or outside of the school. Students may collect signatures on petitions concerning school or nonschool issues.
\n\nPrinted materials or petitions may be distributed only:
\n\nNo student shall use coercion to induce any other student or person to accept printed matter or to sign a petition. No funds shall be collected for any material distributed.
\n\nClothing, Buttons, and Badges
\n\nButtons, badges, armbands, and clothing bearing slogans or sayings may be worn unless their message falls into the categories prohibited by law and Board policy. No employee shall interfere with this practice on the grounds that the message may be controversial or unpopular with students or faculty.
\n\n\n", "contentText": "School-Sponsored Publications\n\nStudents shall have the right to exercise freedom of speech and of the press in official school publications, except for expression that is obscene, libelous, slanderous, or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (Education Code 48907)\n\nOfficial school publications includes material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either for a fee or free. (Education Code 48907)\n\nEach principal shall develop a school publications code outlining the responsibility of student journalists, editors, and publication advisors.\n\nAll student submissions shall be held to professional standards of English and journalism. (Education Code 48907)\n\nIf the principal considers material submitted for publication to violate Education Code 48907, he/she shall notify the student, without undue delay, and give specific reasons why the submitted material may not be published. Absent extraordinary circumstances, such notice should be given in sufficient time to allow the student time to either modify the material or to seek review of the principal's determination from the Superintendent or designee. Prior to any restriction of student speech, school officials shall consider any feasible alternative options to restricting the speech.\n\nTo the extent that the principal or designee believes that the school and district should be disassociated from a particular idea or opinion, the principal may require student articles to include disclaimers.\n\nDistribution of Printed Materials and Petitions by Students\n\nThe principal or designee may provide bulletin boards on which students and student organizations may post materials of general interest. Students also may post or distribute handbills, leaflets, and other printed material, whether produced within or outside of the school. Students may collect signatures on petitions concerning school or nonschool issues.\n\nPrinted materials or petitions may be distributed only:\n\n- Before or after school or during lunch time\n\n- In locations that do not obstruct the normal flow of traffic within the school or at entrances\n\nNo student shall use coercion to induce any other student or person to accept printed matter or to sign a petition. No funds shall be collected for any material distributed.\n\nClothing, Buttons, and Badges\n\nButtons, badges, armbands, and clothing bearing slogans or sayings may be worn unless their message falls into the categories prohibited by law and Board policy. No employee shall interfere with this practice on the grounds that the message may be controversial or unpopular with students or faculty.", "footnotes": [ { "type": "State", "references": [ { "code": "CA Constitution Article 1, Section 2", "description": "Freedom of speech and expression", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%202.&article=I" }, { "code": "Ed. Code 234-234.5", "description": "Safe Place to Learn Act", "url": "" }, { "code": "Ed. Code 48205", "description": "Excused absences", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48205." }, { "code": "Ed. Code 48907", "description": "Exercise of free expression; time, place, and manner rules and regulations", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48907." }, { "code": "Ed. Code 48950", "description": "Speech and other communication", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48950." }, { "code": "Ed. Code 51520", "description": "Prohibited solicitations on school premises", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=51520." } ] }, { "type": "Federal", "references": [ { "code": "20 USC 4071-4074", "description": "Equal Access Act", "url": "" }, { "code": "U.S. Constitution, First Amendment", "description": "Free exercise, free speech, and establishment clauses", "url": "https://constitution.congress.gov/constitution/amendment-1/" } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Dariano v. Morgan Hill Unified School District (2014) 767 F.3d 764", "url": "" }, { "code": "Court Decision", "description": "Chandler v. McMinnville School District (1992) 978 F.2d 524", "url": "" }, { "code": "Court Decision", "description": "Mahanoy Area School District v. B.L. (2021) 594 U.S. 180", "url": "" }, { "code": "Court Decision", "description": "Beussink v. Woodland R-IV School District (1998) 30 F.Supp. 2d 1175", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Bright v. Los Angeles Unified School District (1976) 18 Cal. 3d 350", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Emmett v. Kirkland School District No. 415 (2000) 92 F.Supp. 2d 1088", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "J.S. v. Bethlehem Area School District (2000) 757 A.2d 412 (Pa. Commw. 2000)", "url": "" }, { "code": "Court Decision", "description": "Lavine v. Blaine School District (2001, 9th Cir.) 257 F.3d 981", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Leeb v. DeLong (1988) 198 Cal.App.3d 47", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Lovell v. Poway Unified School District (1996) 90 F.3d 367", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Muller v. Jefferson Lighthouse School (1996) 98 F.3d 1530", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Smith v. Novato Unified School District (2007) 150 Cal.App.4th 1439", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Hazelwood School District v. Kuhlmeier (1988) 108 S. Ct. 562", "url": "https://www.supremecourt.gov/opinions/opinions.aspx" }, { "code": "Court Decision", "description": "Harper v. Poway Unified School District (2006) 445 F.3d 1166", "url": "" }, { "code": "Court Decision", "description": "Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675", "url": "https://law.justia.com/cases/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "California Department of Education", "url": "http://www.cde.ca.gov" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" } ] } ], "crossRefs": [ { "code": "1100", "title": "Communication With The Public", "type": "AR" }, { "code": "1114", "title": "District-Sponsored Social Media", "type": "AR" }, { "code": "1114", "title": "District-Sponsored Social Media", "type": "AR" }, { "code": "1114-E PDF(1)", "title": "District-Sponsored Social Media", "type": "AR" }, { "code": "1313", "title": "Civility", "type": "AR" }, { "code": "1325", "title": "Advertising And Promotion", "type": "AR" }, { "code": "1325", "title": "Advertising And Promotion", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "5113", "title": "Absences And Excuses", "type": "AR" }, { "code": "5113", "title": "Absences And Excuses", "type": "AR" }, { "code": "5127", "title": "Graduation Ceremonies And Activities", "type": "AR" }, { "code": "5131", "title": "Conduct", "type": "AR" }, { "code": "5131.2", "title": "Bullying", "type": "AR" }, { "code": "5131.2", "title": "Bullying", "type": "AR" }, { "code": "5131.4", "title": "Student Disturbances", "type": "AR" }, { "code": "5131.4", "title": "Student Disturbances", "type": "AR" }, { "code": "5131.8", "title": "Mobile Communication Devices", "type": "AR" }, { "code": "5132", "title": "Dress And Grooming", "type": "AR" }, { "code": "5132", "title": "Dress And Grooming", "type": "AR" }, { "code": "5136", "title": "Gangs", "type": "AR" }, { "code": "5136", "title": "Gangs", "type": "AR" }, { "code": "5137", "title": "Positive School Climate", "type": "AR" }, { "code": "5144", "title": "Discipline", "type": "AR" }, { "code": "5144", "title": "Discipline", "type": "AR" }, { "code": "5144.1", "title": "Suspension And Expulsion/Due Process", "type": "AR" }, { "code": "5144.1", "title": "Suspension And Expulsion/Due Process", "type": "AR" }, { "code": "5144.2", "title": "Suspension And Expulsion/Due Process (Students With Disabilities)", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5145.8", "title": "Refusal To Harm Or Destroy Animals", "type": "AR" }, { "code": "5145.8", "title": "Refusal To Harm Or Destroy Animals", "type": "AR" }, { "code": "5145.9", "title": "Hate-Motivated Behavior", "type": "AR" }, { "code": "6141.2", "title": "Recognition Of Religious Beliefs And Customs", "type": "AR" }, { "code": "6141.2", "title": "Recognition Of Religious Beliefs And Customs", "type": "AR" }, { "code": "6142.3", "title": "Civic Education", "type": "AR" }, { "code": "6144", "title": "Controversial Issues", "type": "AR" }, { "code": "6144", "title": "Controversial Issues", "type": "AR" }, { "code": "6145.5", "title": "Student Organizations And Equal Access", "type": "AR" }, { "code": "6145.5", "title": "Student Organizations And Equal Access", "type": "AR" }, { "code": "6145.8", "title": "Assemblies And Special Events", "type": "AR" } ], "attachments": [] }