By Paige Orr, Fox23 News
TULSA, Okla. — Student walkout protests have been spreading across Oklahoma in response to Immigration and Customs Enforcement actions, sparking questions about the rights of everyone involved from the students walking out, to the educators monitoring them and even to the bystanders watching from the sidewalk.
Our news partners at FOX23 spoke with the ACLU of Oklahoma and the Oklahoma Appleseed Center for Law and Justice about where the law stands on these issues.
Both organizations pointed to the same legal foundation: the 1969 Supreme Court case Tinker v. Des Moines, which established that students do not shed their First Amendment rights at the schoolhouse gate.
“Students have a First Amendment right to engage in protest,” said Morgan Bandy, the Education Justice Attorney for the Oklahoma Appleseed Center. “They can distribute flyers, wear expressive clothing and speak about controversial topics and other protest topics during school hours.”
However, Bandy said walkouts occupy a more nuanced legal space. Schools can discipline students for unexcused absences, but only up to a point.
“If schools decide to discipline more harshly based on the content of their unexcused absence, that could be a First Amendment rights violation.”
Rebecca Barrett, the Staff Attorney for the ACLU of Oklahoma, agreed.
“A student who misses class for a walkout can’t be punished more harshly than students who miss class for another reason,” said Barrett.
So far, Bandy said she hasn’t seen evidence of students being punished more harshly for their walkout activity in Oklahoma, but she said the options are clear if that changes.
“Being punished more harshly would rise to a First Amendment violation,” said Bandy. “If it does happen, there are ways to address it, including filing complaints to the school, to the state and also legal action.”
Bandy stressed that schools must treat all protests equally, regardless of the message.
“School response to student protests should be viewpoint neutral. This means that they cannot take a side of agreeing with the students or disagreeing with students. If another protest happens potentially on the opposite viewpoint, they cannot still take a side or treat that protest differently than they’re treating these walkouts regarding immigration policy.”
On the educator side, both organizations said teachers face a more complicated legal standard.
Bandy said the First Amendment does not give educators the right to join or lead student walkouts while on the job.
“Generally, educators should not lead or assist in student walkouts while they’re on their job. It would be considered an unlawful strike in violation of state law or school district policies, and consequences could mean that educators face discipline or termination.”
Bandy said educators do have options when a walkout is underway, particularly when it comes to student safety.
“Educators should ask administration whether they are allowed to supervise a protest or walkout with the student’s safety in mind by accompanying them outside or wherever they’re choosing to protest.”
Barrett added that the certificate revocation process exists to uphold professional standards, not silence speech.
She said private speech made outside of school hours carries far stronger legal protections than speech made in the classroom.
Oklahoma State Superintendent Lindel Fields and Secretary of Education Dr. Dan Hamlin issued a joint statement this week acknowledging students’ constitutional rights, while calling on districts to enforce discipline consistently with local policy.
More than a dozen Republican state legislators went further, sending a formal letter to Superintendent Fields urging investigations into educators and certificate revocations where violations are confirmed.
Senate Democratic Leader Julia Kirt and Senate Democratic Caucus Chair Michael Brooks pushed back, issuing statements defending students’ First Amendment rights and calling the response selective outrage.
As for bystanders or counter-protestors near campus, Bandy said First Amendment rights extend to them as well, but student safety comes first.
“Whether bystanders are cheering them on or opposing them, it really all just depends on how they’re engaging with the students. Bystanders are encouraged to exercise their rights to protest as well. It’s everybody’s First Amendment right, not just those above the age of 18.”
Barrett echoed Bandy’s sentiment, drawing a firm line.
“Counter-protesters have First Amendment rights the same as anyone else. They just shouldn’t cross it over into harassing students or assaulting students. Just because they’re young doesn’t mean their opinions should be any less respected than any other person.”
The ACLU of Oklahoma is encouraging any student who faces retaliation for walkout activity to reach out to them by emailing intake@acluok.org.
You can learn more about ACLU of Oklahoma by visiting their website here.
For more information on student rights and education justice in Oklahoma, you can visit the Oklahoma Appleseed Center’s website here.
