ACLJ's Position
There is widespread confusion among students, school officials and citizens in general concerning student rights in public schools. More than any other area, the ACLJ receives numerous calls about student rights. The fact is, however, from the moment they step onto the public school campus to the moment they graduate, public school students enjoy substantial rights to free speech, free press, assembly and religion. The First and Fourteenth Amendments to the Constitution of the United States, and the federal Equal Access Act confer important liberties on public school students that no school official may abridge unless the exercise of those rights materially and substantially interferes with school discipline.
Contrary to many school officials' belief, the Establishment Clause of the First Amendment does not require a relentless effort to purge the public school campus of all religious expression. As the Department of Education Guidelines state, school officials must be neutral toward student religious expression. They may impose rules of order and place some restrictions on student activities, but they cannot structure or administer such rules in a way that discriminates against religious activity or speech.