ERIC Number: ED108364
Record Type: RIE
Publication Date: 1973-Apr
Non-Student Use of School Property: Civil Liberties vs. Public Responsibility. A Legal Memorandum.
Herbold, Paul E., Ed.
The current status of the law concerning the right of persons not connected with school programs or activities to exercise their freedom of expression and assembly in the immediate vicinity of schools, insofar as they relate to picketing, leafletting, speech, and noise, may be summarized as follows. Classrooms and premises of public schools are under the control of the state, which has the power to regulate their use; interruptions of the educational process by outsiders may be prohibited; while peaceful picketing will be allowed, occupations of buildings to shut them down, the invasion of classrooms, and the deliberate making of noise that interferes with classes will not be permitted; school officials may specify under what conditions speakers, picketers, pamphleteers, or other demonstrators may function within a school building; persons seeking to exercise their rights to free speech or peaceable assembly prior to or after school hours in ways that are not actually or imminently violent may do so on public premises near school facilities; and, denial of access to school property by school authorities has usually been held to be permissible if the terms of denial are carefully and clearly drawn. (Author)
Descriptors: Civil Disobedience, Civil Liberties, Court Litigation, Demonstrations (Civil), Freedom of Speech, School Buildings, School Law, Secondary Education
National Association of Secondary School Principals, 1904 Association Drive, Reston, Virginia 22091 ($0.25, quantity discounts, payment must accompany orders of $10.00 or less)
Publication Type: Journal Articles
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.