Q: Can I protest in front of a school about school practices or policies? For example, have a banner or sign that read’s “[This] high school left my kid behind! and stand in the front of the school near where kids are dropped off or picked up so their parents are aware. Can I pass out flyers on the subject?
A: Sidewalks, streets, and parks are generally considered public fora. See ACLU v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003). “Public fora have achieved a special status in our law; the government must bear an extraordinarily heavy burden to regulate speech in such locales.” Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995). In order to impose restrictions on speech in such public fora, the restrictions must be “justified without reference to the content of the regulated speech . . . narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S. Ct. 2746, 105 L. Ed. 2d 661 (1989). Speech activities like displaying signs on the sidewalk in front of the school should be generally protected activity. Should school officials attempt to restrict your speech activity, the restrictions imposed should have to meet the above-stated test.
However, please note that if you decide to enter school grounds, the school principal or his or her designee may exclude you if there is a reasonable basis to believe that your actions (beyond just being on campus) “would be disruptive of, or would interfere with, classes or other activities of the public school program.” Educ. Code § 32211(a); see also Penal Code § 627.4.