The Texas governor says the Supreme Court supports his stance that the right to free speech is not absolute for students.
Gov. Greg Abbott emphasized that students cannot simply walk out of school to attend protests without facing consequences.
Recommended Videos
“The Supreme Court has been very clear about free speech of students,” Abbott said. “And that free speech of students does not include leaving the school.”
Both the governor and the Texas Education Agency say students who walk out during school hours to protest will face repercussions, most likely being marked with an unexcused absence.
Teachers who encourage walkouts could face even harsher consequences, including the potential loss of their teaching license. School districts are also prohibited from facilitating protests in any way, with the risk of losing funding if they do.
But is all of this legally sound? Would these measures hold up in court? Josh Blackman, a constitutional law expert weighed in.
Josh Blackman, a constitutional law professor at South Texas College of Law, said there are three layers to consider.
“Students have some free speech rights at school but they can’t cause a disruption. I think the entire point of a walkout is to cause a disruption,” Blackman said.
He added that teachers “have no obligation, in fact, are not allowed to encourage students to leave school. They can encourage them to protest after school or on a weekend, but not during the school day.”
And regarding school districts, which are largely governed by Texas Education Agency, Blackman said they will likely be cautious about imposing punishments or accepting state monitors.
It is conceivable that these rules and repercussions could be tested in court in the future. Outcomes could depend on how key terms, such as “facilitating a walkout,” are interpreted.