May schools limit
the time, place, and manner of student expression?
Yes, as long as the
time, place, and manner regulations are reasonable and
nondiscriminatory.
The U.S. Supreme
Court has said that "laws regulating the time, place or manner
of speech stand on a different footing than laws prohibiting
speech altogether."
1First
Amendment jurisprudence provides that time, place, and manner
restrictions on speech are constitutional if (1) they are
content neutral (i.e., they do not treat speech differently
based on content); (2) they are narrowly tailored to serve a
governmental interest; and (3) they leave open ample
alternative means of expression.
Courts will
generally grant even more deference to time, place, and manner
restrictions in public schools because students do not possess
the same level of rights as adults in a public forum. However,
the time, place, and manner regulations must still be
reasonable. This means that school officials could limit
student distribution of material to certain locations and at
certain times, but those regulations would need to be both
reasonable and nondiscriminatory.
Notes
1 Linmark
Associates, Inc. v. Township of Willingboro, 431 U.S. 85
(1977).