It's hard to stay out of politics these days. Perhaps even more so for students, who are exercising the voices of critical thinking and opinion that they've acquired over the course of their education. What happens though, when unpopular political opinions and school administrations collide? This scenario recently played out when a Stanford Law student sent an email to a campus listserv satirizing the school's Federalist Society chapter.
To summarize, the email parodied the voice of the local chapter, and although it was sent in late January, it spoke of organizing for the January 6th Capitol Riots. As you might guess, the local chapter was not amused and filed a complaint with the school. On the last day of classes, right before the student was to graduate from law school, he was told that he was under investigation and that his entire law school career was in jeopardy.
The story gained national attention from conservatives and free speech advocates alike. Ultimately, Stanford's administrative body found that the email was protected speech, and the student was able to graduate. Although things worked out for the student, in this case, he may not have been so fortunate if he attended a lesser-known law school or if the story hadn't garnered so much media attention.
What Happens When Students are Punished for Unpopular Political Opinions?
Students should be able to express their opinions because it's a free country, right? Well, First Amendment rights aren't absolute in every situation, and in fact, the U.S. Supreme Court gives broad rights to academic institutions' implementation of free speech. While students attending public schools enjoy protection from the Bill of Rights, public schools may still prohibit speech if they deem it disruptive. Further, students attending private schools are not protected by the First Amendment.
When students land themselves in hot water because they've expressed an unpopular political opinion, they could be suspended or expelled. Even if the school is a popular state school, there's always a possibility that the school's governing body will find the student's opinions disruptive or harmful in some way. It's a sad irony that the school that gave a student a voice will see fit to take it away, but it's a reality. Fortunately, students have options.
Hire a Student Discipline Defense Attorney
If you or your loved one expresses an opinion that results in an official complaint, you need to hire an experienced attorney who understands and advocates for your rights. Navigating the student discipline process requires experienced know-how. The stakes couldn't be higher. Not only is your entire academic career in jeopardy, but so is your ability to secure future jobs. In the story above, if the student hadn't received his diploma on time, he wouldn't have been able to take the Bar Exam, and he wouldn't have been able to start the prestigious job waiting for him in Washington, D.C.
Attorney Joseph D. Lento knows what it takes to mitigate and overcome damage caused to students when a formal complaint is filed against them. With years of experience in numerous jurisdictions across the United States, he will aggressively advocate for your rights. To learn how Attorney Lento and the Lento Law Firm can help you, call 888-535-3686.
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