Expert: Michael Troy - 5/11/2006

Question
is my son aloud to talk with his friends while at school about hunting, types of guns they would like to own, jobs with guns they would like to have (Gov hunter, military, gunsmith, etc),and animals they would like to hunt?

thank you for your time

Answer
Hi Jeanette,

Unfortunately, I am not allowed to give specific legal advice here.  

However, generally speaking, students still have First Amendment rights while they are in school.  The school may, of course, restrict speech at certain times or places.  For example, students may be prevented from having a discussion in class while the teacher is trying to teach.

Also, discussion which could be deemed a threat to others, planning illegal activities, or harrassing students, could be actionable.  However, the discussions as you describe them do not seem to fall into those categories.  

If the discussions are taking place at times when students me freely discuss any other subjects, those would seem perfectly legitimate and protected.  

If you fear this may become a legal issue, let me know if I can recommend any organizations that might be interested to provide free legal assistance.

- Mike