The Five Freedoms Network

Can a school bar a student from giving a religiously themed graduation speech?

Student Speech at Graduation

Two students were selected to give the invocation and valedictorian graduation speeches at their high school. The district had a policy of reviewing the speeches. During this review process, the school informed the students that their messages were too sectarian and proselytizing and had to be modified. When the students refused, they were denied the opportunity to speak at graduation. The students sued, seeking damages for denial of their First Amendment right of free speech.

Can a school bar a student from giving a religiously themed graduation speech?

A. YES — A graduation ceremony is not an open speech forum but a government ceremony, and as such, the school has a responsibility to avoid Establishment Clause violations during its graduation ceremony.
B. YES — Students at public schools have no First Amendment rights. School is a place for children to be seen, not heard.
C. NO — Although schools may censor certain forms of student speech and dress, they may not censor a student for expressing his religious views in a public setting. The rights of school officials to limit student expression are not absolute.

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