Published October 24, 2024
Written by Natalie Hoernschemeyer & Grant Wiens
With the highly anticipated November 2024 Presidential Election approaching, public school districts are experiencing heightened interest and engagement from both students and staff. In these politically charged times, it is important for school administrators to be prepared for an uptick in political speech and activities on school grounds. Here’s our guide to help you navigate these challenges while maintaining legal compliance and minimizing disruption.
Student Political Speech: Understanding the Boundaries
Public school students enjoy robust First Amendment protections when it comes to expressing political viewpoints, including their opinions on Presidential candidates. These rights, however, come with certain limitations that schools must navigate carefully.
Political Apparel: Students are allowed to wear political clothing, such as T-shirts supporting specific candidates or political parties, as long as their attire (i) does not create a material disruption or interfere with the rights of other students, or (ii) violate a viewpoint neutral dress code. Schools may not censor political speech just because it is controversial or unpopular, but administrators can act if the apparel is likely to provoke substantial disruption, such as inciting conflict or significant distractions during instructional time. The key term to remember is “substantial” – the disruption needs to be substantial (and documented) for administrators to act on the free speech rights of students.
Posters, Banners, and Signs: Similar to political apparel, students may display political signs or stickers on their backpacks as long as these displays are non-disruptive. School policies regarding displays of non-political material (like sports posters) should also be applied to political speech equally, ensuring there is no viewpoint discrimination.
Political Discussions in Classrooms: Students have the right to engage in political conversations if it is part of the instructional curriculum for that class. In the classroom setting, schools can place reasonable restrictions to ensure these discussions do not interfere with the educational process. Outside of instructional time—such as during lunch or between classes—students have more freedom to express political views. School staff should remain vigilant in monitoring any speech that crosses into harassment, bullying, or hate speech, which can and should be regulated.
Political Speech for Staff: Ensuring Compliance
Although student right to political speech is broad, public school staff have more limited rights in the workplace. Teachers and other school employees are representatives of the district and their actions during working hours reflect on the institution. In the run-up to the 2024 Presidential Election, it is especially critical for staff to understand these limitations:
Personal Political Opinions During Instructional Time: Staff can engage in political discussions with students if it is part of the curriculum. But, staff cannot otherwise express political opinions while performing their job duties. This includes promoting specific candidates or political parties during class or at school-sponsored events. Discussions about elections may arise as part of civics or government classes, for instance, but discussions that are led by staff should remain neutral and focus on factual, balanced presentations of the issues.
Use of School Resources: Staff are prohibited from using school resources (such as district email systems, school facilities, or bulletin boards) to engage in political activities. Schools should remind staff that these resources must not be used to support or oppose political candidates or ballot measures, as this could give the impression that the district is endorsing a particular position. Violations of these guidelines could lead to legal consequences under Missouri and federal election laws.
Political Activities Outside of Work: Outside of their working hours, school employees are free to engage in political activities as private citizens. They may campaign, participate in rallies, or volunteer for political candidates, as long as they do not use their official district roles or school resources in these efforts. Administrators should ensure that staff are aware of these distinctions to avoid potential conflicts.
Handling Student-Led Political Events
With the 2024 Presidential Election drawing significant attention, students may organize political activities, such as debates, rallies, or clubs in support of specific candidates. These events can be valuable learning experiences but should be managed carefully:
Equal Access: If the school permits student-led clubs or events, it must apply its policies equally, regardless of the political viewpoint. For example, if students are allowed to form a Young Democrats Club, they must also be allowed to form a Young Republicans Club if requested, ensuring the school does not engage in viewpoint discrimination.
Time, Place, and Manner Restrictions: Schools may impose reasonable restrictions on the time, place, and manner of political activities to prevent disruptions. For instance, a student political rally should not be allowed to interfere with classroom instruction or school safety. It’s important that these restrictions are content-neutral and applied fairly to all political viewpoints.
Missouri Voting Law: Reminders for Staff
In addition to the legal concerns surrounding political speech, Missouri law provides employees, including school staff, the right to take time off to vote. Under Missouri Statute Section 115.639, employees are entitled to up to three hours off to vote on Election Day only if they do not have 3 successive hours while the polls are open to vote outside of working hours. Employees must request this time off in advance, not the day of, and school districts may choose when during the workday the time will be granted. Schools should remind staff of this provision as the Presidential Election approaches and ensure that all requests are handled in a timely and consistent manner.
Key Considerations for Administrators: Risk Mitigation
During this election, administrators play a critical role in maintaining a neutral, safe, and disruption-free environment for both students and staff. Here are some best practices to minimize legal risks:
Review and Update Policies: Ensure that all school policies regarding speech, political expression, and employee conduct are up-to-date and clearly communicated to staff, students, and parents.
Training: Provide reminders to staff on the limits of political speech in schools, including the use of school resources and discussions in the classroom. Monitor the Atmosphere: Be vigilant in observing the school climate to prevent any political activity from escalating into harassment, bullying, or discrimination. Encourage respectful dialogue but act quickly to address any behavior that crosses the line.
We’re Here to Help
If you have any questions or concerns about how to handle specific situations, please don’t hesitate to reach out to us directly. Our goal is to ensure that your district stays compliant with the law while providing a safe and respectful environment for everyone during this election season.
