An Open Letter on Student Walkouts

Yes. Peaceful demonstrations are considered protected speech so a school is not allowed to prohibit them unless they disrupt school activities. School authorities cannot prevent students from participating in a demonstration that is off campus or after school hours.

Regular school attendance by a student is required in Nebraska. The school can take action against you if you miss school and the absence is unexcused, even if you are participating in a political activity. However, school officials cannot punish you for missing school to participate in a protest more harshly than they punish students for missing school for any other purpose.

The U.S. Supreme Court has ruled that students can express their opinions vocally and in writing as long as they do not disrupt or interfere with school activities. School officials can probably stop you from using language that they think is “vulgar or indecent.” But other activities, such as wearing a shirt that says “Trans Nebraskans belong,” are protected under the First Amendment.

• Your rights are strongest in traditional public forums, such as streets, sidewalks, and parks. You don’t need a permit to march on sidewalks or to gather in public spaces like parks, generally. However, you may need a permit depending on your city’s ordinances and it would be best to check with city officials or legal counsel about permit requirements prior to any event. A permit cannot be denied because the event is controversial or will express unpopular views. You have the right to speak out on other public property - such as public sidewalks in front of school - as long as you are not blocking access to the building or interfering with the purpose the property was designed for.
   
• Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
   
• Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
   
• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including the police. On private property, the owner may set rules related to photography or video.
   

• If you’re stopped by police while protesting, stay calm. Make sure to keep your hands visible. Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights. Point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions. Ask if you are free to leave. If the officer says yes, calmly walk away.
   

• If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don’t say anything or sign anything without a lawyer. You have the right to make a local phone call, and if you’re calling your lawyer, police are not allowed to listen. You never have to consent to a search of yourself or your belongings. If you consent, it can affect you later in court.
   

• Police may “pat down” your clothing if they suspect you have a weapon and may search you after an arrest. Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
   

• If you believe your rights have been violated by an officer, when you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for. Get contact information for witnesses and take photographs of any injuries. Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety. If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path. Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

This resource is general know your rights information for students enrolled in public schools participating in walkouts on public property. This guide does not entitle you to legal advice from the ACLU of Nebraska and is not an offer by the ACLU of Nebraska to represent you as your attorneys. Please contact local city or school officials, your attorney, or the ACLU of Nebraska for more information. For information on how to request legal assistance, visit aclunebraska.org/gethelp.