Supreme Court Ruling on Student Protests: Stay in Class

Protests have dominated the news headlines as of late. Although many protesters believe they can do whatever they want at a protest, Texas law says otherwise. Federal law is also very specific when defining what constitutes freedom of speech on a school campus.

Student Protests

There have been many comments on social media claiming that students walking out of class have a right to do so under the 1st Amendment. Some have backed their statement with the Tinker v Des Moines Supreme Court decision. This is what the court ruled in that 1969 case.

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)

This case began with students wanting to wear black armbands in school to protest the Viet Nam war. School Administrators refused on the grounds of the armbands possibly causing a distraction and unrest during classes. The students wore armbands anyway and were suspended. In a 7-2 decision, The Supreme Court ruled that public school officials cannot censor student expression on a suspension that the students' action might disrupt the learning environment or encroach upon the rights of others. This is why students often win court cases that involve clothing with messages (t-shirts, etc.). However, students ARE forbidden from violating attendance policies and they cannot disrupt school activities which violate the rights of other students.

What is a Legal Protest? 

 According to the Texas Constitution Article 1 Section 27, Texans have the Right of Assembly and Petition for Redress of Grievances. Simply put, Texans (U.S. citizens) have the right to assemble, peacefully, to voice their grievances.  

Actions That Are Illegal During Protests 

Disorderly Conduct 

According to Section 42.01 of the Texas Penal Code, Disorderly Conduct involves the following:  

“A person commits an offense if he intentionally or knowingly: 

(1)  uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; 

(2)  makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; 

(3)  creates, by chemical means, a noxious and unreasonable odor in a public place; 

(4)  abuses or threatens a person in a public place in an obviously offensive manner; 

(5)  makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; 

(6)  fights with another in a public place” 

The Texas Obstructing Highway or Other Passageway Law 

According to Section 42.03 of the Texas Penal Code, obstructing highways or other passageways is illegal. Period. 

If a person or group does not have a legal permit (such as a parade or march), blocking the public’s access to movement is illegal. This includes blocking “a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others.”  

Section 42.03 of the Texas Penal Code also��states that anyone who ignores an order to move that is given by a police officer, fireman, or person in control of the premises, is in violation of the law. 

What is Considered a Riot in Texas? 

Section 42.02 of the Texas Penal Code defines riot as a group of seven or more people who create an immediate danger to people and property while obstructing law enforcement or other government functions. This is done by force, threat of force, or using physical means to deprive others of their legal rights or disturbing others who are exercising their legal rights. 

So, to recap...you cannot block roads or sidewalks without a legal permit...you must obey orders from law enforcement...you cannot destroy property, harm others, or interfere with others who are exercising their legal rights.