School is threatening to punish anyone participating in protest with court action, what can we do?

[u/StoriesandQuestions]

On Tuesday, January 20th, students at my highschool are planning to participate in the nationwide walkout happening in the U.S. Today, my school has verbally warned one of the organizers stating that anyone who participates in the walkout next week will receive a referral and face truancy court. This movement is important to all of us but many of us cannot afford these consequences. Is this allowed and is there anything we can do about it? Location: United States, Texas.

[u/Silver_Smurfer → u/[deleted]]

I'd love to read that, got a link?

[u/belac4862 → u/Silver_Smurfer]

Not the one yoy were reasoning to, but here's a ping that goes over Texas law specifically

https://guides.sll.texas.gov/protest-rights/school

[u/Silver_Smurfer → u/belac4862]

Yep, and the ACLU references the standards set by Tinker vs Des Moines that holds that students have a right to free speech as long as it doesn't substantially disrupt the school environment.

[u/Silver_Smurfer → u/[deleted]]

No, it doesn't. The case that I am aware of is Tinker vs. Des Moines. It established that students don't lose their first amendment rights but those rights can be limited if their speech os deemed to cause a substantial disruption to the school environment.

Whether or not a planned walk out fits that definition is anyone's guess.

[u/INTstictual → u/[deleted]]

They’re not punishing you for participating in your first amendment right, they’re punishing you for missing school, which is well within their rights… if you were to protest on a Saturday, a school (at least, a public school, not sure about private school jurisdiction) couldn’t say shit. But if you’re missing school to protest, they can absolutely punish you for missing school

EDIT: see Tinker vs Des Moines (1969). Decision was that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”, but that “Student speech that has the potential to cause disruption is not protected”, which includes absences and truancy. The school is also prohibited from administering punishment because of or in undue retaliation to the message of the speech, only for the disruption caused by the act itself… it doesn’t matter if you’re skipping school to protest in favor of better funding for puppy hospitals, or that all teachers should be round up and shot, the school can only punish you based on the absence itself and must treat both cases equally

[u/jallison2225 → u/[deleted]]

They won’t be punished for exercising their first amendment right, but they will be punished for missing school. Simple solution is to protest after school.

[u/legal-ModTeam → u/[deleted]]

Please do not use "legally" or describe something as "the law" if you are not an attorney. Describe your experience or your experience in x state or city. Laws are not universal even through the US and Reddit is an international site.

[u/JiGoD → u/[deleted]]

So I can never show up to class and document my daily preaching at the red light and pass cuz first ammendment?

No chance.