AboutMichael Troy Expertise I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations Former Attorney for Center for Individual Rights.
Publications Washington Post
Washington Times
Education/Credentials J.D. from Univ. of Michigan Law School
Expert: Michael Troy Date: 4/5/2008 Subject: free speech at school
Question I'm 14 and my basic understanding of free speech at school is it's ok as long as it isn't profane, voilent, or disrupts the learning process. Am I correct or is it restricted further and just what could you get away with?
Answer Hi Joe,
In general the basic rule is that that schools cannot take action for the purpose of censoring expression of an idea, but may do something that has that effect if necessary to maintain good order and discipline.
What you or I may consider "disruptive" and a school administrator or judge's view can be quite different. For example, last year the Supreme Court upheld disciplinary action against a student who held up a banner at an event outside of school (but at a school event) that said "bong hits 4 Jesus". The Court held for the school saying that it had an interest in preventing drug use and therefore could bar any expressions that advocated drug use, even though mere advocacy of illegal activity is normally protected by the First Amendment outside of school.
The current Court seems much more hostile to the First Amendment rights of students than it was a generation ago.
