First Amendment Wheel Doesn’t Stop Spinning: What School Boards Need to Know
78th Annual Joint Conference: FSBA, FADSS, FSBAA, FERMA, SUNSRA, FELL
Events

First Amendment Wheel Doesn’t Stop Spinning: What School Boards Need to Know

First Amendment Wheel Doesn’t Stop Spinning: What School Boards Need to Know

Tallahassee attorney Jeffrey Grosholz addressed recent decisions by the Supreme Court and other federal courts that have impacted how the First Amendment applies in public school settings. The Court has reinterpreted the Establishment Clause, broadened the Free Exercise Clause, and reaffirmed the protections granted by the Free Speech Clause. With the heightened focus on schools both nationally and at the local level, school board members, superintendents, and those who work with them need to be aware of what these new decisions mean, how they will affect schools, and how boards should structure their policies and procedures to make sure they are not running afoul of the First Amendment.

Key takeaways Jeffrey shared during the presentation included:

  1. As more and more of our interactions take place online and through social media, it becomes increasingly important for school administrators to know the limits of their authority for regulating student speech that takes place off-campus and in an online setting.
  2. Our understanding of what does and does not constitute government speech continues to grow and evolve. Education officials need to have appropriate policies and procedures in place to ensure school-sponsored programs do not become venues for private speech, lest those schools open themselves up to claims of First Amendment violations.