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1st Amendment and Free Speech/students right to written protest
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Question
There are students at our high school in Washington State that want to write letters to the Vice Superintendant of Schools protesting the duration of a particular students suspension and the vice principal of the school has told the students to "butt out or you will have to testify in court". The suspended childs' brother has now been suspended because he would not stop handing out a letter to friends before school. The cause for his suspension was was labeled 'insubordination'.
Hi Debbie,
Please keep in mind that I cannot provide specific legal advice in this forum.
However, generally speaking, the right to petition any government official for a redress of grievances is protected by the First Amendment. School officials have some authority to prevent such actions in the schools if they are disruptive to the educational process, but they cannot prevent it entirely. I would advise the suspended brother to contact the ACLU and to see if they want to start a case.
I hope this helps!
- Mike
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Answers by Expert:
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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