What is the law on student censorship?

In California, student censorship is governed by the state’s Education Code and by the First Amendment of the US Constitution. According to the Education Code, school authorities in California may not prohibit student expression based on viewpoint, including any material an authority may consider controversial. The First Amendment protects students’ rights to express their opinion and keeps school authorities from censoring or punishing students for their choice of words or ideas. In the landmark case of Hazelwood School District v. Kuhlmeier, the US Supreme Court affirmed the right of school authorities to censor or regulate students’ speech if it is disruptive, vulgar, profane, lewd, or illegal. The court did not, however, allow schools to discriminate against student expression based on the viewpoint or ideas expressed in the speech. Additionally, California law prohibits schools from suppressing student speech due to the content of the student expression. The law clarifies that schools may not censor student expression on the basis of whether or not it is considered “controversial” or “unpopular” in any way. In sum, California law prohibits student censorship except in cases of disruption, vulgarity, profanity, lewdness, or illegality. Schools may also take certain measures to regulate student expression, as long as the regulations are viewpoint-neutral.

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