FIRST AMENDMENT RIGHTS OF STUDENTS ON SCHOOLGROUNDS

WHEREAS, the United States Supreme Court in the case of Tinker vs. Des Moines Independent Community School District held that junior high school students could engage in First Amendment activities on school grounds during school hours, provided that such activities do not "materially disrupt class work or involve substantial disorder or invade the rights of others," and

WHEREAS, the U.S. Court of Appeals in the case of Breen vs. Kahl, pursuant to the Tinker decision (upheld by the U.S. Supreme Court), held that "dress and grooming" of high school students is protected by the Constitution of the United States; and

WHEREAS, the same U.S. Court of Appeals in the case of Scoville vs. Board of Education of Joliet Township High School District 204 pursuant to the Tinker decision held that high school students could sell underground newspapers on school grounds, including those which are critical of school personnel and policies; and

WHEREAS, the Constitution of the American Federation of Teachers states that one of the Federation's objects is "to promote such a democratization of the schools, as will enable them better to equip their pupils to take their places in the industrial, social, and political life of the community" (Article II, Section 4, AFT Constitution); and

WHEREAS, "democratization of the schools" includes the right of students to engage in peaceful dissent without repression by administrators or teachers:

RESOLVED, that the American Federation of Teachers call upon its locals to adopt the following model policy:

Students shall have the right, on school grounds, to engage in conduct protected by the Constitution of the United States. Such conduct includes, but is not limited to:

• Freedom of speech and expression, including choice of one's own dress and grooming, the wearing of buttons or emblems, or the carrying of picket signs.

• Freedom of the press, including the right to publish and/or distribute literature and to distribute literature on school grounds.

• Freedom of assembly and association, including the rights to join and to urge others to join any organization.

• Freedom to petition, including the right to petition against public agencies, governing boards, and school administrations.