What is the law on student censorship?

In Texas, student censorship is regulated by the Texas Education Code, Section 26.001. This section prohibits school districts from restricting the free expression of students in school-sponsored publications or activities. It states that a student’s expression is protected if it does not materially and substantially interfere with discipline in the classroom or with the rights of other students. However, this protection is not absolute. The law states that schools may regulate student speech or expression to protect: the rights of other students, the educational process, and the safety of the students and faculty. Schools may also regulate student expression if it is related to school-sponsored extracurricular activities. Additionally, schools are expected to keep all student-produced material within the bounds of reasonable community standards, and may engage in prior review in order to ensure that such material is appropriate. This means that a school may look over material before it is distributed, in order to ensure that it does not contain any language that would be considered inappropriate for a school setting. In summary, although student expression is protected by Texas Education Code, Section 26.001, there are certain boundaries and restrictions in place to ensure that this expression is respectful of both the rights of other students and the educational process.

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