Alexandria, VA asked in Education Law for Virginia

Q: can my private school ban me from talking to another student outside of school?

What about inside of school? We aren't causing any distractions to myself or others

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2 Lawyer Answers
Glenn B. Manishin
Glenn B. Manishin
Answered
  • Warrenton, VA
  • Licensed in Virginia

A: Inside the school officials have very wide discretion even in public school. Where a private school is concerned, moreover, a student's First Amendment rights are more limited, because free speech is a right one has against the government, not private parties. But ban on talking outside of school, in the absence of threats or abuse, seems rather over broad. You should consider talking to the dean/principal to work things out consensually.

Glenn B. Manishin
Glenn B. Manishin
Answered
  • Warrenton, VA
  • Licensed in Virginia

A: Inside the school officials have very wide discretion even in public school. Where a private school is concerned, moreover, a student's First Amendment rights are more limited, because free speech is a right one has against the government, not private parties. But ban on talking outside of school, in the absence of threats or abuse, seems rather over broad. You should consider talking to the dean/principal to work things out consensually. (But the school's only recourse if you insist on talking outside of school is expulsion or pother discipline...)

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