In this episode of the Napa Legal Podcast, Joseph Clement is joined by Mathew Hoffmann, legal counsel at the Alliance Defending Freedom. They discuss free speech law in public schools and related case that is currently pending before the US Supreme Court. In E.D. v. Noblesville School District, a student pro-life organization was shut down after posting flyers advertising its first event. The students argue that the school's censorship violates their First Amendment right to Free Speech.

‍

Key Moments:

0:41 Introduction

2:45 The facts in this case: pro-life student was censored by public school administrators

8:45 Current laws on free speech in public schools - Hazelwood and Tinker

15:40 How courts apply school laws - are students protected or at risk of losing their rights?

17:17 Lemon and the reasonable observer test

21:07 Free Speech vs. Free Exercise claims in public schools

24:45 What could this case impact? What does a win look like?

26:55 The balance of protecting curriculum and protecting free speech

30:07 School speech in the lower courts

32:07 Are there laws that can protect student speech? Are there legislative solutions?

37:21 Should everyone care about free speech in public schools?