Then, do school officials have to wait for an actual disruption or riot?

No, courts have stated that school officials do not have to wait for an actual disruption or riot.  The 9th U.S. Circuit Court of Appeals explained in Karp v. Becken (1973): “The First Amendment does not require school officials to wait until disruption actually occurs before they may act.”

This where the “reasonable forecast” part of the standard comes in play.   In Dodd v. Rambis (S.D. 1981), a federal district court judge reasoned that students’ distribution of leaflets urging fellow students to engage in another student walkout was substantially disruptive to school activities.  The judge explained: “The First Amendment does not require school officials to forestall action until disruption of the educational system actually occurs. Indeed, this is the very essence of the forecast rule.”

For example, in many cases involving Confederate flag garb, courts have reasoned that a significant amount of race-based tension at the school is enough to satisfy the “reasonable forecast of substantial” disruption standard.

Category: Lawyers

← FAQ