How public schools match up to private schools in California

Not all things are created equal. This holds true for student rights and rules within California.

Public schools:

Freedom of speech

Not protected under the First Amendment: obscenity, defamation, pornography, perjury, blackmail, true threats, solicitations to commit crimes, incitement to imminent lawless action, treason, plagiarism, libel and slander

Right not to speak: Students can’t be forced to say the Pledge of Allegiance, salute the flag, sing the national anthem or participate in any other expressions of national pride

Dress code

Minimal restrictions such as tank-top strap size, length of shorts and skirts, gang-related colors and clothing with profanity or guns and drug references

Students can sport armbands or t-shirts, even those that protest war or convey political messages

Students can wear buttons, badges, insignias, patches or armbands until they cause a distraction to a class or other school activity

Principals or teachers may not deprive a student of the above right, even if they predict a student’s clothing will cause a distraction

Private schools:

Freedom of speech

The First Amendment does not protect freedom of speech for students at private schools because students’ enrollments at private schools are governed by contract law

Profanity and other foul language are strictly forbidden because such behavior is deemed as disorderly conduct

Dress code

School officials can legally regulate students’ personal appearance

Private schools that don’t require uniforms can have strict dress codes, some of which restrict blue jeans, piercings or unnatural hair color

Male students are often forced to tuck in their shirts, wear slacks or trousers and must keep their hair at an appropriate length

Female students are often limited to only wearing shirts with sleeves which go past the shoulders, shorts and skirts that pass the knees

Curfew

There is no statewide curfew law in California for minors

For more information on student rights, visit the following sites:
www.usconstitution.net
www.freechild.org/student_rights.htm
www.tentler.com/StudentsRights.htm