There is a newer version of the California Code
2005 California Education Code Sections 48950 Article 3. Speech and Other Communication
EDUCATION CODESECTION 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.