| California Student Free Expression Law | |
|---|---|
 | |
| California State Legislature | |
| Citation | Cal. Educ. Code Sec. 48907 |
| Territorial extent | State of California |
| Signed | 22 February 1977 |
| Status: In force | |
California Education Code 48907 (1977), also known as the California Student Free Expression Law, acts as a counter to the Hazelwood v. Kuhlmeier (1988) Supreme Court ruling, which limited the freedom of speech granted to public high school newspapers. The Hazelwood v. Kuhlmeier decision held that public school curricular student newspapers that have not been established as "forums for student expression" are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression. Ed Code 48907 affirms the right of high school newspapers to publish whatever they choose, so long as the content isn't explicitly obscene, libelous, or slanderous, and doesn’t incite students to violate any laws or school regulations. The newspaper content must also pass the minimal disruption test set forth in the Supreme Court ruling on Tinker v. Des Moines (1969). In contrast with Hazelwood, which limited First Amendment protection to only those high school newspapers that had, through practice or policy, been established as forums for student expression, Ed Code 48907 affirms the right of all newspapers to the freedom of expression.