Tuesday, June 16, 2026

SCOTUS reject second student free speech case in two weeks

 As we're winding down this session of the Supreme Court, there have been two decisions recently that centered on student speech in schools, and in both cases, the Supreme Court declined, backing up earlier decisions that have sided with school districts. 

The first centered on a 3rd grader wearing a baseball cap with a AK-47 and the words "come and take it" on it. The Appeals Court found: 

...school officials made a reasonable forecast of substantial disruption to the school’s educational environment
...in part due to both the age of the students involved and that it was not far from Oxford High School in Michigan. 

The case most recently decided centered on the perception of the school expressing a view: 

A freshman identified as E.D. sought to hang flyers for a local chapter of the national organization Students for Life of America at Noblesville High School in the fall of 2021. But a dispute over a political photo included in the advertisement led the clubs to be shut down.

The lower courts sided with Noblesville, using a four-decade-old precedent on student speech known as Hazelwood School Dist. v. Kuhlmeier. The 1988 ruling concerned the regulation of school-sponsoned publications, allowing administrators some control over content that might be perceived as the opinion of the school.

While the student could use the school bulletin board to advertise for the club, the school objecting to the political statements used as the illustration was backed by the courts.

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