San Francisco Unified School District and County
Office of Education
Administrative Regulation 5145.2
Freedom of Speech/Expression
Free speech rights are subject to reasonable time, place and manner regulations. (Education Code 48950)
School-Sponsored Publications
Students shall have the right to exercise freedom of speech and of the press in official school publications, except for expression that is obscene, libelous, slanderous, or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (Education Code 48907)
Official school publications include material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either for a fee or free. (Education Code 48907)
Each principal shall develop a school publications code outlining the responsibility of student journalists, editors, and publication advisors, in alignment with District guidance.
All student submissions shall be held to professional standards of English and journalism. (Education Code 48907)
If the principal considers material submitted for publication to violate Education Code 48907, he/she shall notify the student, without undue delay, and give specific reasons why the submitted material may not be published. Absent extraordinary circumstances, such notice should be given in sufficient time to allow the student time to either modify the material or to seek review of the principal’s determination from the Superintendent or designee. Prior to any restriction of student speech, school officials shall consider any feasible alternative options to restricting the speech.
To the extent that the principal or designee believes that the school and district should be disassociated from a particular idea or opinion, the principal may require student articles to include disclaimers.
Posting Materials by Students
Students are not permitted to post materials on school property (including but not limited to classrooms, hallways, bathrooms, cafeterias, auditoriums, common areas, exteriors, grounds) except as specifically allowed by this regulation. Materials that are posted in violation of this regulation or the standards outlined below will be removed.
The principal or designee will provide bulletin boards or explicitly designated areas on which students and/or student organizations may post materials of general interest, with the following guidelines:
- Schools may impose a uniform limitation on the size of postings to ensure shared space.
- Materials will be removed after a 2 week period, or after an advertised event has occurred, whichever is shorter
- Materials cannot violate general limitations for student speech (materials cannot be obscene, libelous, slanderous, or so incite students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school). (Education Code 48907).
- Students are subject to discipline for posting materials that constitute harassment, threats or intimidation of students or staff (EC 48900.4, 48950), or bullying (EC 48900(r)).
Prior to posting student materials they must be approved by the school administrator or designee to ensure compliance with the regulations above. Approved postings will be stamped with the date of approval on the front of the posting.
Distribution of Printed Materials and Petitions by Students
Students also may distribute handbills, leaflets, and other printed material, whether produced within or outside of the school, subject to the content restrictions outlined above. Students may collect signatures on petitions concerning school or nonschool issues. Printed materials or petitions may be distributed only:
- Before or after school or during lunch time
- In locations that do not obstruct the normal flow of traffic within the school or at entrances
No student shall use coercion to induce any other student or person to accept printed matter or to sign a petition. No funds shall be collected for any material distributed.
Noise Disruptions
Students are not permitted to use bullhorns or amplified sound during the instructional day, as this use is disruptive to the instructional environment.
Clothing, Buttons, and Badges
Buttons, badges, armbands, and clothing bearing slogans or sayings may be worn unless their message falls into the categories prohibited by law and Board policy. No employee shall interfere with this practice on the grounds that the message may be controversial or unpopular with students or faculty.
Policy Reference Disclaimer
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.