2005 California Education Code Sections 48950 Article 3. Speech and Other Communication

EDUCATION CODE
SECTION 48950

48950.  (a) School districts operating one or more high schools and
private secondary schools shall not make or enforce any rule
subjecting any high school pupil to disciplinary sanctions solely on
the basis of conduct that is speech or other communication that, when
engaged in outside of the campus, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article 1 of the California Constitution.
   (b) Any pupil enrolled in a school that has made or enforced any
rule in violation of subdivision (a) may commence a civil action to
obtain appropriate injunctive and declaratory relief as determined by
the court.  Upon motion, a court may award attorney's fees to a
prevailing plaintiff in a civil action pursuant to this section.
   (c) This section does not apply to any private secondary school
that is controlled by a religious organization, to the extent that
the application of this section would not be consistent with the
religious tenets of the organization.
   (d) Nothing in this section prohibits the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) Nothing in this section shall be construed to supersede, or
otherwise limit or modify, the provisions of Section 48907.
   (f) The Legislature finds and declares that free speech rights are
subject to reasonable time, place, and manner regulations.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.