Anaheim, CA asked in Civil Rights for California

Q: Isnt it a violation of free speech for my vocational school to ban students from posting online about the school?

The student code of conduct says we are not allowed to post online about the school in any capacity, positive or negative

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: If the students at the school are minors, i.e. under age, the school may have some rights to restrict student comments relating to the school. However, adults cannot be prohibited from expressing their opinions or relating facts about the school as long as they are truthful and accurate. You should look carefully at the contract you signed at the time you applied for and were accepted to the school. Making adverse comments damaging to the school could possibly be a breach of contract, depending on what the student agreed to at the time of acceptance into the school. Should the school take any adverse action against someone for freely expressing their opinions, then that student may have a right under the First Amendment to the United States Constitution to the extent their First Amendment rights have been violated. Being aware of what you agreed to before attending is necessary, and being cautious is always the best approach.

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