Windermere, FL asked in Civil Litigation and Education Law for Florida

Q: Can public schools restrict the right to have a relationship, such as by a no mention policy?

Things such as a no-kissing policy, no contact policy, or no general acts in school policy, or are these a violation of freedom of due process and of association.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional scrutiny, particularly rules applicable to minors. However, you do present an interesting question IF the rules you're talking about have no relevance to classroom decorum and would result in penalties for non-compliance, such as suspension or expulsion from school. Then I think a court may want to take a hard look at your issue.

Bruce Alexander Minnick agrees with this answer

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