Posted by:
vhainya
(
)
Date: November 19, 2010 06:55PM
bona dea Wrote:
> Kids are allowed to do this by law. There isn't a
> lot the school can do unless there is more to it.
> If the girl threatened your daughter or was rude,
> the school should have acted for that reason.
> Again, the school didn't do this, a kid did. The
> point I was making is that I have never seen the
> school handing stuff like this out.
Yes and no. There are certain restrictions, especially for younger students.
http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=rel_literatureHowever, since schools are generally considered limited public forums, and because First Amendment rights of students are not as extensive as or equal to those of adults, schools may prohibit distribution of certain types of literature altogether. Those include materials that:
Would likely cause substantial disruption of the operation of the school (such as literature using fighting words or other inflammatory language).
Violate the rights of others (e.g., that is libelous, that invades privacy of others or infringes a copyright).
Are obscene, lewd or sexually explicit.
Advertise products that are illegal for minors (such as alcohol).
Students would reasonably believe to be sponsored or endorsed by the school.
The school should probably have a clear policy on when and how such material can be distributed.