In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.So it looks like the courts did make (or, at least, implied) an exception for behaviour that would be substantially disruptive to the operation of the school (things aren't quite as simple as IshmaelGraves implied.)
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That being said, I think he's way overestimating the substance of his political argument here. To me, the real issue that the principal should have focused on was not so much what he said, but the fact that the kid's being intellectually lazy. Even if I disagree with the kid's politics, I would have been much more impressed by the story, and by the case for his "rights to free speech" if the speech had actually been his.
Printing up posters from a website isn't speech, it's agitation--left or right--and I think there's a much stronger argument for saying "You're just being an intentional pain in the ass. I don't care if you're a Green or a member of the John Birch Society...shut up and go to class." Expressing your own thought is indeed a right that should be protected in schools, but being a mouthpiece for political propaganda is just not the same thing. I used to tell kids they couldn't put up Greenpeace posters in my classroom, for just that reason.
If the principal had said, "You can put up [50] posters, but they all have to be different (no photocopies), and they all have to be written by you," then I think that would have been a fair set of constraints, without giving him the self-congratulatory martyrdom he's wallowing in now.
posted by LairBob at 6:03 AM on July 8, 2004