Expert: Michael Troy - 11/7/2008

Question
QUESTION: 1)  I volunteer at my kids' (public) elementary school.  I went to do some of my volunteer work, during which I would normally not encounter kids, and I was wearing a campaign shirt, since I was going to put in some hours at the local political office after that.

I was asked to help on another project in which someone in a costume was promoting the book fair and she needed an escort.  I realized about 1/2 way through our classroom visits that I had a political shirt on, but thought little of it other than to hold the sign I was carrying a little differently to keep my shirt behind it.  I completed my job and left.

I received a phone call from the school principal that afternoon telling me that I could not wear a campaign shirt if I was volunteering at the school.  



2) On the same day, as I passed through the school's main office, I found some political brochures on a table that normally has the local newspapers. Thinking they were left there in error, as I was relatively certain that they did not belong in the school's office as if the school were promoting that political view, I removed them.   Is the school staff permitted to campaign on campus during school hours?

ANSWER: Hi Lisa,

Please keep in mind that I cannot provide individual legal advice in this forum.  That can only be provided by an attorney licensed in your jurisdiction who has reviewed fully all the relevant facts and law.

I will say that generally speaking, public schools are somewhat limited in its ability to restrict expressive clothing such as a campaign T-shirts.  Courts have ruled that schools can restrict such expressions if they are disruptive to the educational experience.  I would be surprised if a court upheld a ban on students wearing a campaign T-shirt, but different judges see this differently.  A school could ban employees, and probably volunteers from wearing campaign material on school grounds since it could be perceived as an endorsement by the school itself.

As far as schools having campaign material available on school property, the Constitution does not prohibit that, although if literature from one side was permitted, a school normally would have to allow both sides to have equal access.

I hope this helps!
- Mike



---------- FOLLOW-UP ----------

QUESTION: Thank you, Michael, for your very prompt reply and thoroughness.

Of course, since this is water under the bridge, I'm not too concerned about
taking action now, but I was thinking I would like to inform the principal if
this seemed to be on shaky ground.  If not, I don't see a problem with leaving
well enough alone.   It simply seems to me that I do have a right to wear
political slogans if I am volunteering for the school and that it would be
different if I were a public employee.

Answer
Even if not an employee, your work as a volunteer could still be perceived as attributable to the school.  But this is a gray area where other experts could come to other conclusions.  The only way to know for sure would be to take the matter to court.  The ACLU and similar organizations sometimes offer free legal help to bring such test cases.  You could contact them if you wished to pursue the matter.

- Mike