Legal Question in Education Law in California
Are high schools supposed to allow students to create clubs if they want to? Would that be related to freedom of speech? Is it illegal for them to not allow certain clubs?
1 Answer from Attorneys
As a government entity, a school cannot allow some clubs and prohibit others on the basis of the content of their speech. For example, a school could not allow a club of young Republicans but prohibit a club of young Socialists. A school could not allow a club of students who wanted to discuss a creationist approach to evolution but deny a club that wanted to discuss a Darwinian approach to evolution. Government entities, including schools, cannot pick and choose on the basis of the content of the club or group wishing to associate. There are limits, however; they don't have to allow a club that builds terrorists bombs or which plot over-throwing the government. The don't have to allow groups engaged in hateful speech or activities, such as the Klu Klux Klan--though even that prohibition might be debatable. Schools that infringe free speech and association are violating civil rights, which is actionable in a U.S. district court.
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