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Your public school cannot prohibit materials you would like to hand out, unless it can show that the leaflet would cause a disruption in the school. A school also can’t have a rule requiring students to get approval of written materials before passing them out, and local schools seem not to have such rules now. [1] If school officials want to stop you from distributing a leaflet, the school must show that your specific leaflet is quite likely to result in a substantial disruption at the school. As with any free speech activity, however, the school can adopt “reasonable time, place and manner” rules. So they may not allow you to leaflet in classrooms or narrow corridors (where it might disrupt the flow of traffic). But they can’t completely prohibit leafleting or setting up information tables inside the school if there is a lobby or other area where it can be done without interfering with foot traffic and if the persons involved are not missing classes or study periods. If you can show that other people—like the student government or the PTA—set up tables and their tables are not considered disruptive, then yours should not be either.
Also, if a school official tries to stop you because students are throwing your leaflets on the floor, you might suggest that the official should try to stop people from littering—and you could help by picking up any leaflets you see—rather than to stop the leafleting. This is how the law works on public sidewalks.
Montgomery County School rules allow non school-sponsored publications to be distributed free or sold as long as they are published by county students and have the sponsoring organization name. [2] If a principal stops distribution, it can only be for a few reasons, for example that the publication is obscene, libelous, advocates activity that could hurt students, or is causing substantial disruption; the principal must give a reason in writing within two days and that decision is appealable. Prince George’s County rules say schools can’t ban non school-sponsored publications, can’t require an author or sponsoring organization be identified, and can’t require prior approval or hold up distribution pending approval. The Prince George’s rule makes clear that even ”heated discussion” stimulated by student publications shouldn’t be considered disruption and if a principal does find disruption and stops distribution there is a right to written explanation within one day and further prompt appeal. [3] [1] See sources and discussion in Student Publications under 'What can I publish if it's not school-sponsored?' and related text. Case law on prior restraint and review of publications generally is also discussed in notes. [2] Montgomery County Public Schools, Regulation JFA-RA, Student Rights and Responsibilities § IV(F)(3)(b). [3] Prince George’s County Public Schools, Administrative Procedure 5150, Student Responsibilities, Rights and Involvement § V(D). |