GUIDE TO STUDENT PROTESTING
compiled by Justin Gorman
submitted by Chuck Munson

The information in this pamphlet directly appropriated from the American
Civil Liberties Union handbook "The Right to Protest", the 1992-1993 San
Francisco Unified School District Student handbook and the Industrial
Workers of the World "Guide to Direct Action".  But there is a world of
groups with information and resources out there, and once you start
searching you will find, good luck!!!!

        In the United States the right to freedom of speech has many
limitations and is not absolute.
        The purpose of this pamphlet is to offer a brief glimpse of what
rights are protected when high school students organize.  This pamphlet
will also attempt to illustrate where "public officials", be it teachers,
administrators or police officers, can place restrictions on free speech
activities when organizing.  It is up to the individuals and  groups who
are using this information to find out what is legal in their situation and
then engage in what ever means necessary to achieve your ends.
        The primary philosophy of this pamphlet is that you should not ask
for permission, or engage in a bureaucratic struggle, to protest.   Just do
it.  This pamphlet is intended to inspire students who are just entering
the realm of political protest to act.  I feel it is important for any
group to understand the "privileges" of free speech granted in the U.S.
Constitution as a  springboard for more radical actions.
        For students engaging in organizing for the first time it is
important to realize that every situation, group dynamic and issue will be
different.  For those willing to engage in organizing, there are some
essential steps to be taken before any of the tactics outlined in this
pamphlet can be utilized.
        Before any movement starts, it has to have a purpose.   By talking
to your peers, you can find things that are commonly recognized problems.
These problems can be as small as not having adequate drinking fountains to
something as large as  the fundamental structure of school.  More often
than not, you will find the smaller problems are symptoms of a larger
disease which infects the system.    It is the larger structure, much like
your school itself,  which needs more than a fresh coat of paint, but even
more appropriately to have the entire structure razed and rebuilt from the
ground up.
        Once a problem is identified, the students can present it to the
people it affects  and educate them.   By communicating with fellow
students many people can get involved in a number of different ways.  A
movement is only as strong as the popular support behind it.  It is
important for a majority of the students to be sympathetic towards the ends
of what a group is trying to achieve for it to become real.
        Beware!!! Organizing can be a difficult path!!   Starting a
movement is not just following a few simple steps and having the world
change as a result!!.  There will be opposition, ego battles and various
other unforeseen pitfalls.  But if a group concentrates on  communication,
education and solidarity, the possibilities are endless.




What is free speech?
        In the most basic sense, free speech is the expression or
communications of facts and information, ideas and opinions, thoughts and
feelings either in written or spoken forms.  The basic theory of free
speech is that the government may not ban the expression of any idea.
Otherwise the government could manipulate and control public information
and thereby determine the outcome of public debate on all important issues.
That means the government may not declare one point of view as correct and
ban or disfavor political ideas or attitudes that it deems false.
        The Supreme court declared, "the maintenance of the opportunity for
free political discussion to the end that government may be responsive to
the will of the people and that changes may be obtained by lawful means, an
opportunity essential to the security of the Republic, is a fundamental
principle of our constitutional system."
        Among individuals the freedom of speech extends to resident aliens
as well as citizens and to young people as well as adults.  Free speech
rights are available, To criticize the status quo or otherwise seek
political change also requires knowledge of what the government is doing.
There are important statuary protection of the right of citizens to learn
about government, such as the freedom of information laws, in less rigorous
form to groups such as public school students, government employees and
prisoners.

        This does not mean that a person can say anything in any manner at
any place or at any time.  The supreme court has recognized certain
exceptions to free speech and certain circumstances where its exercise can
be curtailed.
        The first kind of speech is any that includes words inherently
likely to cause a fight, defamatory statements that falsely assault a
person's reputation, certain kinds of obscene speech, and deceitful
commercial speech advertising goods or products.
        The second kind of speech is critical of governmental interest
cited as justifying the restriction of speech that poses a clear and
present danger to them include the prevention of subversion or lawlessness
and the protection of the integrity of the judicial system and the
electoral process.
        Often government will not restrict what is said but it will
restrict where, when and how it is said.  Such "time and place and manner
limitations", so long as they are neutral with respect to who is speaking
and what is being said, will be allowed by courts if the rules do not
unreasonably inhibit the ability to get one's message across.
        On campus students have the right to exercise their
constitutionally protect rights of free speech and assembly on their own
campus so long as they do not interfere with the operation of the regular
school program.  However, students can get into trouble for distributing or
displaying  materials which the administration considers obscene (according
to the current legal definitions), libelous, or that advocate the
commission of unlawful acts.



How does the Constitution protect the right to protest?

        The core protections of political freedom are found in the First
Amendment, which provides:  "Congress shall make no law respecting and
establishment of religion, or prohibiting the free exercise thereof;  or
abridging the freedom of speech, or of the press;  or of the people to
peaceably assemble, and to petition the Government for a redress of
grievances".
        The first Amendment restricts the power of government to restrain
political speech and association by protecting the freedom of speech as
well as the freedoms of press, and petition, from being "abridged" by
government.  This amendment also offers separate protections for speech,
press, petition, assembly and religion.  Taken in the aggregate, this
protects more than just spoken or written words and extends into the realm
of expression.
        Freedom of expression includes, for example, the handing out of
leaflets or handbills on a street corner.  The first amendment in theory
protects the person passing out the leaflet as well as the words and ideas
the leaflet conveys.  This amendment also extends to protect picketing,
carrying a sign, marching, demonstrating and gathering at the seat of
government to protest its policies.  Similarly protected is the right to
associate with others and advance ideas.
        The fourth Amendment curtails the power of government to survey or
scrutinize political activists by protecting people against unreasonable
searches and seizures or other invasions of political privacy by the state.
        The fourteenth Amendment,  stipulates that no state may "deprive
any person of life, liberty or property without the due process of law,
assures that state and local government agencies or officials are likewise
bound to respect the rights of citizens and honor the restrictions on
government contained in the first and fourth amendment."

Are speech activities inside  a public school protected by the First Amendment?
        A school building is not a traditional public forum, thus persons
other than students and staff do not have an automatic legal or
constitutional right to engage in speech activities there.  The only time
it is allowed is when school officials have previously allowed outsiders to
use school property for speech activities.
        It is important to note students and staff do have first Amendment
rights on school premises that outsiders do not have.  Students are
entitled to engage in on-premises speech activities that are not sponsored
by the school administration unless the activities materially and
substantially interfere with schoolwork or school discipline.
        Thus, the wearing of anti-war armbands or political buttons have
been held to be constitutionally protected when there was no evidence which
showed they interfered with school work or discipline.
        As a general rule, classrooms, halls and cafeterias are not public
forums and are therefore not open to the public for speech activities.  But
then again who needs tradition?


        California State Education Code Sec. 48907 states the rights of
students to:

A.      Wear political buttons, armbands or any other badges of symbolic
expression.

B.      Use bulletin boards designated by the Principal without prior
censorship requirements or approval by the administration or the Board of
Education.

C.      Distribute political leaflets, newspapers, or other printed matter
both inside and outside of school property without prior authorization of,
restriction by, school administration or the Board of Education, provided,
however, the time of such distribution may be limited to before and after
school, during lunch, or other free periods so as to prevent interference
with classroom activities.

D.      Form political and social organizations.

E.      Determine their own appearances if that appearance is not
disruptive to the learning process in the classroom or is unsafe.

F.      Reasonable use of public address systems in school without prior
censorship;  however, the time of announcements may be limited to before
and after school, during lunch or other free periods so as to prevent
interference with class procedures.

Yet, the freedom of speech is not synonymous with the right to say anything
at any time under any circumstance!!!
        Basically, the "liberties" of free speech are granted  by the state
as long as it doesn't get in the state's way.  One may notice that the
limits for each situation and subsequent activity are going to be
determined by a state official, be it a teacher, administrator or police.
If they feel that the activity is getting in the way of state interests it
will be told to stop.  If you resist don't be surprised if you get punished
for your actions.  This is the contradiction of "free speech" in the United
States.
        In other words it is O.K. to organize and petition the government
for changes as long as it lies within the legal boundaries and ultimately
does not threaten the power structure.
        It is important for the student who decides to employ the tactics
in this pamphlet to understand that the concept of free speech, and much
like voting, are components of the illusion of freedom we are "given" in
this country.  A basic understanding of your rights can help keep your
group from being shut down by "officials".   But understand that your
rights are volatile and can be revoked at any time because they are
interpreted by those in power who act in the moment.


Conventional Tactics:

*Leafleting-
        Leafleting is one of the most traditional means of communication
political and religious viewpoints.  This involves handing out pamphlets of
leaflets and other similar printed materials to willing recipients in
places open to the public.  It is an inexpensive, non disruptive means of
communicating that can be utilized by everyone who feels a need to
communicate their views to an immediate audience.

Can Public officials regulate the time of leafleting on a traditional
public forum?
-Probably not.  A leafleteer is free to pass out his or her leaflets on a
traditional public forum like a street, sidewalk or park at any time the
forum is open to the public.  This means before and after school.

Can public officials regulate the time of leafleting on locations open to
the public that are not traditional public forums.
-Yes.  Leafleting at locations other than traditional public forums is open
to a greater degree of regulation than would be the case for streets,
sidewalks and parks.  Officials can impose reasonable time regulations at
such sites that are consistent with needs arising from the primary use of
the site.  This will apply if you are passing out leaflets between classes
and during lunch.

Does your leaflet have to identify the person or group responsible for its
message?
-Not usually.  The Supreme Court has held that the distribution of
anonymous political leaflets is a constitutionally protected activity
because " anonymous pamphlets, brochures, even books have played an
important role in the progress of mankind.  Persecuted groups and sects
from time to time throughout history have been able to criticize oppressive
practices and laws either anonymously or not at all.

*Picketing-
        In the context of political protest, the term picketing usually
refers to a single person or line of people standing or walking near a
specific location as a means of communication a particular viewpoint on a
public issue.

Is picketing about public issues protected by the First Amendment?
-Yes.  Picketing that seeks to convey a message on a public issue enjoys
broad constitutional protection.  However the protection is subject to
reasonable regulations of time, place and manner.  If the picketing does
not interfere with legitimate State interests such as the regulation of
traffic on public streets and sidewalks.  There are limits on picketing
because it is comprised both a speech and conduct element.  The speech
element derives from the viewpoint that the picketing is intended to
communicate.  The conduct element derives from the fact that a picket line
has the capacity to obstruct the movement of nonpicketers and may, in some
instances be physically intimidating.

Can Limitations be imposed on the number of people who participate in
picketing at any one time?
- Yes.  If the limitations are reasonable.  Numerical limits can be imposed
on picketing without violating the constitution of if they address specific
regulatory problems and are not imposed because of the content of the
picketers messages.

Can picketers be required to remain a specified distance from a site they
want to picket?
-Sometimes.  If the site being picketed is also being used for an activity
with which picketing is interfering, then reasonable regulations of the
time, place and manner can be imposed.  Thus, distance restriction on
picketing that requires picketers to remain a specified number of feet from
a public school when school is in session is probably constitutional as
long as there is evidence that it is needed and is not excessive.


*Signs and Posters-
Is the display of signs and posters protected by the first Amendment?
-Yes.  The display of signs and posters is a traditional means of
communication that receives broad first amendment protection.  The broadest
protection exists when the sign or poster is displayed by a person who is
carrying it.  However the protections diminish when the sign or poster is
placed at a fixed location and remains there after its owner has gone.
Like other speech activities, legitimate regulation of the display of signs
and posters is based on time. place, and manner considerations.  If a
speaker wishes to place a sign at a site for an extended period of time, it
is wise to consult with appropriate public officials to find out if such a
display is permitted and if a permit is required.


Unconventional Tactics

*Strikes
        A strike is not generally the first line of action.  Strikes are
undertaken when communication through all other channels has failed.  They
are most effective with full participation, and this requires a degree of
organization.  Although a strike doesn't need full participation to be
successful, the mood of the student body has to be supportive of the action
for it to be successful.  This requires clear communication to the people
who are participating and to whom your action effects.  More importantly,
the group should educate the individuals, who are striking, about the
philosophic nature of resistance, and accept the repercussions that the
state will inflict upon them for disobedience.

*Sit-down strikes
        A strike doesn't have to be long to be effective.  Timed and
executed right, a strike can be won in minutes, or hours.  Such strikes are
sit-downs when everyone just stops work and sits tight.  Imagine how the
administration would react if the whole student body simply refused to take
the next CTBS test?

*Selective strikes/Sick in
        A school makes its money from the students attendance.  That is why
there is so much emphasis placed on taking roll and excused absences.  The
attendance that matters is taken in homeroom.  If the school gets $5.00 a
day from the state for each student, imagine how the administration would
feel if 1000 students a day were not attending homeroom.  That is a loss of
$5,000.00!!!  What if 1000 students were absent at least one or two days a
week?
        The students power lies in realizing the school is dependent on
them to keep open.  If students do not attend, the school does not get its
money, the school closes and the teachers, administrators and whole host of
support workers will loose their jobs.  The school expects up to 6% of the
student body to be absent every day.  The school cannot accommodate
anything over that for an extended period of time.  The machinery that
keeps track of absences, i.e. notifying parents, issuing re-admit slips
would be completely overloaded if 1000 students were absent on any single
day.  This means that if the whole student body was absent there is no
possible way that the administration could punish everybody.

*Monkey wrenching
        Monkey wrenching is a generic term for a whole host of tricks,
deviltry and assorted nastiness that can remind the administration of how
much they need the students and how little the students needs them.  While
all of these monkey wrenching tactics are non-violent, most of them are
social no-no's.  Quite frankly, I think it would be insulting to tell the
person who is utilizing this pamphlet how to fuck stuff up, that is what
being young is all about.  My only suggestion is to be creative and
discreet.  This kind of action should be used only in the most heated
battles, where it is open, wholesale class warfare between the students and
administration of your school


Tools:

*The Xerox machine
        Copies are generally inexpensive and copy places with self serve
machines are very accessible.  All it takes to create a leaflet is a piece
of paper, a pen and something to say.  School typewriters can be used (to
spice up a dull typing class), or better yet computers with word processing
or graphic capabilities, if you want to get fancy.  Two pages stapled
together can be a newsletter.  Three pages folded in half becomes a
book/magazine.  Take the initiate to create your own news.  Tell the real
story to the student body.  As long as you print the material off campus,
using your own money the school cannot say anything about passing out your
literature (see leafleting).

*The School Public Address System
        Although it's use can be restricted to certain times, use it as way
to advertise meetings, place and time.  Obviously if you do not want the
administration to know what your group is doing do not use their tools of
communication.  The more you do by yourself off campus the better.  But
when your movement is ready to confront the administration use what they
have, broadcast your message to the whole student body.

*Faculty Support
        Believe it or not teachers are people too.  There are many teachers
who are just as fed up with the school system as the students are.  Feel
out who the "cool" teachers are, somebody who you can trust.  Realize that
this is a sticky situation, because ultimately the teachers rely on the
school for their livelihood and not too many are willing to risk this.
But some actually care about students and want to make the school a better
place.  When the group finds a sympathetic teacher use their room at lunch
time as the organizational space.  If you start getting hassled by the
administration become a club.  Instead of talking about science or going
hiking your clubs purpose will be to organize the students and work for
changing the school system.

        The best weapons are organization and student solidarity.  If one
student stands up and protests, the administration will squash them like a
bug.  Squashed bugs are of little use to their families, friends and social
movements in general.  But if all the students stand up together, the
administration will have no choice but to take them seriously.  The
administration can expel or suspend any individual student who makes a
fuss, but they will find it difficult to suspend the entire student body.
        All of these tactics depend on solidarity and coordinated actions
of a large number of students for their success.  Individual acts of
sabotage offer little more than a fleeting sense of revenge, which may
admittedly be all that keeps you sane on a bad day at school.  But for a
real feeling of collective empowerment, there is nothing like direct action
by a large number of disgruntled students to make your day.




