Can school children protest gun violence while at school?

Newell Normand
Friday, April 20th

The Network for Public Education has called on teachers, families, students, administrators, and every community members to engage in 'acts of protest in and around their schools', including sit-ins, teach-ins, walkouts, marches, and linked arms. Guest Host, Dave Cohen, was joined by Professor of Law at Loyola, Dane Ciolino. 

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Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

They've donated for Noual Norman thanks for joining us we just heard from the network for public education. Calling for. Activism around the country today by students teachers school staff parents community members everybody to protest school. Violence. To try and find solutions to stopping gun violence in our schools on this the NAND nineteenth anniversary. Of the Columbine shootings how much can students do. To protest gun violence in the schools can they do it during school hours and what are the possible ramifications. Against them if they are breaking school rules. And what first amendment rights to they have to help us understand all of that. We asked professor of Wyatt Loyola university and constitutional law expert Danes Healy noted Jonas good morning professor. Lori are you don't greats Friday whether some hastening. Weekends upon us on good. Tall ships are really need them on the river there. How much protesting can students do. On their alone. On campus during school. Well it depends where are. To private schools students. They don't have any constitutional rights at all in the school environments they are. The content and regulates. The government state and federal governments and local governments. Not private actors so. Are gonna put all the private school student aside for now on and talk really only about public. OK so so but it the First Amendment. Does not include miners then in private schools they don't have any first amendment rights while at a private school. Correct it like if you work for private and polar you don't have a First Amendment right to speak your mind at the workplace. That something that would only the factored public employment. So here are public school students. They clearly you have First Amendment right there was landmark Supreme Court case in 1969 that. Are directly whether schools could Wear black arm band in protest the Vietnam War and the US Supreme Court could again. Don't check your constitutional right the schoolhouse gate. When going to public school. So the short answer yes your program. Constitutional right as any public schools student to speak your mind. However that Wright is is limit it and and you cannot exercise of free speech rights in a manner that would cause a substantial disruption. At at school. Of course school at the plate war we're learning and development students. It's not like a public park that is. Simply there. Poor people who do it took to. Port to be a marketplace of ideas at all times. It's primarily a place teacher and and and that the free speech skeptically at teaching them the schools can't regulate. So wearing an arm band this Supreme Court ruled was not disruptive. I know off to the educational process. That it would be found. Unconstitutional. Behavior by the students or it was constitutionally allowed by the students they get to be a better way to put it but if they're standing up in class and disrupting. The ability of the teachers to teach are holding up signs blocking the teacher and things like that that may raise to the level that the school command stop. Quickly go somewhere. And what's happening today. You know. Burke wouldn't. Where he tried to her. Go to work nonviolence which it is something that is certainly have a First Amendment right to do. However. One made it out and leave. School. Got a clone will be disciplined about our blog and disciplined. It and close it out by the school. Not not for the content of the message that these students are on the way. By their protests. But simply because of their air. And disruption. But those agreed problem. Least confirm potent. Accord. Not not the content of the page now and again is that what that might be called has gotten the discipline that would be imposed by the school or a student just not currently than. Four non treason. On without that Nicole. Not on the discipline would be perfectly appropriate. Oh assists during canned face detention and suspension or other actions by the school for getting up and walking out of class to go to protest. But it has to be the same as they would if they were walking out of class to go to the store go to the best camera goes somewhere elsewhere the teacher to not give them permission it. 88 it just cannot be at Conklin played. I should not that would clearly violate the First Amendment. Now you know all across the nation's schools channeling these protests in different when there. I'm not the schools are are supporting. Giving them the ability to tune in to walk out there that he will protest. While other schools on are apparently going to close there on the student who legally but again. Schools are both approaches. Went would be a group. Is there an age at which we get our first amendment rights are we born with them I mean can children in elementary school do they have the same person merits the children in middle school and high school have. Mean they're all miners none are adults but. The First Amendment applies equally to all ages to have children. Well. Go over the course. Of my abilities the government. To regulate. There are quarter of a pervert small children on the Iran. Well he probably around. Some constitutional. Rights groups were up for each. Of the Likud. Really don't. Or at least most of them and where older kids. Are school age children. On person on its. Income per commitment. Because when you were younger. Course. The great school clothes in the sort of a crucial to. All school. Constitutional rights. But the level where you're not allowed as co leader. The children younger than that when the world. Blow up presidents do you know anything else you feel that we should share with the audience on this day that. Many you're you're gone for protests across the country its schools against gun violence. No nothing else that I don't think so but it it's just an interest in. I'll learn a lesson in the constitution than am and I will be a person to see the different approaches schools close. And you said private schools kids have no right to double what about these charter schools that are run by private organizations. On behalf of the public. Yeah good question and audience the problem might expect that. That it's there they are publicly funded that they would be treated as public school price. Yeah I think most of them are publicly owned properties of that probably right to do with it is it's a little thank you so much enjoy the weather enjoy the weekend and we'll talk to you sent. You do well lot presidents do and.
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