Homophobic Expression in K-12 Public Schools: Legal and Policy Considerations Involving Speech that Denigrates Others

Abstract

This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student speech jurisprudence in public schools and offers school leaders guidance about how they might address speech that denigrates other students. It also proposes how courts might reconsider analyzing homophobic expression in public schools under existing precedent.