1st Amendment and Free Speech/Petition

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Question
There is a problem with the authority figure at our school in Illinois, and as a result; we have organized a petition to take to the board of education to see if they could do something about what The Vice Principal is doing. We that have signed it are certain that what he is doing and has done is out of his jurisdiction. We feel personally offended and hurt by some of his actions, and would like to take action without causing a huge problem (such as a riot). Petitioning is our way of trying to tell the Board we want something done about the issue at hand. We would like to know if we can get in any sort of trouble by petitioning against the man.

Answer
Hello,

First, please keep in mind that I cannot provide legal advice in this forum.  For that, you would need to consult with an attorney who is licensed in your State.

I will say that generally petitioning is protected activity and that students at school have 1st Amendment protection.  Of course, the school has the authority to punish activity that interrupts the learning process.  For example, you could not discuss and circulate petitions during math class, just as you could not circulate other notes during that time.  But if done in a time and manner that does not disrupt the learning process, petitioning should be considered protected speech.

However, even if protected, that does not necessarily mean the school will not try to punish you.  School officials do sometimes violate the rights of Students, and it would required going to Court to protect your rights.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael 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

Awards and Honors
Truman Scholar

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