Yes. Within limits, public schools have discretion in implementing speech codes, especially those involving harassment. Such codes are usually part of an effort by school officials to create a nondiscriminatory, safe environment where all students are comfortable and free to learn.

Despite the best of intentions, however, speech codes often collide with the free speech rights of students. Problems tend to arise when these codes extend beyond their intended goal and restrict areas of protected First Amendment speech, such as an individual's right to express religious or political views or to discuss values and morality.¹

Many recent speech codes use antibullying approaches to harassment and craft their speech codes accordingly. For example, in June 2001 Governor Bill Owens of Colorado signed into law a bill designed to prevent bullying in school. The law, which requires school districts to adopt "a specific policy concerning bullying prevention and education," also mandates that "each school district board of education shall adopt a mission statement for the school district, which statement shall include making safety a priority in each public school of the school district."²

However, as discussed in the questions and answers that follow, many attempts at promoting more thoughtful behavior, though well meaning, may violate students' constitutional rights.

¹ See Saxe v. State College Area Sch. Dist., 240 F.3d 200 (3rd Cir. 2001).

² Colo. Rev. Stat. d 22-32-109.1 (2001).

Last updated: Monday, September 6, 2010 | 13:17:32