Can a 5th grader blow up a school with a crayon? No, but he can draw a picture, make a bad joke, and find himself suspended from school. A federal court has supported a school’s decision to suspend the 10-year-old that drew an astronaut wishing to blow up the school. His parents sued the school district, saying that the child was exercising his free speech rights. The attorneys representing the school argued successfully that school administrators are in the best position to assess the potential for harm. The school may look into whether the intent of the student was criminal and threatening, but will also be concerned with whether it had the potential to distract students and teachers from the educational mission.
Children may exercise free speech, but schools have wide discretion to prohibit expressions that may cause a substantial disruption of education. This restriction applies to speech and actions in school, and also to electronic communications created outside of school that can be disruptive. Students must be wary that a crude or threatening joke can be construed as disruptive speech because other students might be tempted to copy or escalate it. However, to justify restriction of certain expressions, school officials must show something more than a desire to avoid discomfort and unpleasantness. There must be some evidence that the student expression will seriously interfere with appropriate discipline in the operation of the school. An attorney can help you to navigate the school disciplinary process, as well as any potential juvenile offenses that stem from an incident in school.
Contact the Law Offices of Christopher L. Peretti today at 301-875-3472 to speak with an experienced attorney that can help you.