Can parents of students protest mask mandates on school property?

Question | Student Protests

I am a student at a local public high school. During our first week back at school with mask mandates in place during Covid, parents were protesting outside of our school that masks shouldn’t be mandatory. They were yelling and banging on students’ cars. They also distributed literature that stated vaccines may be dangerous. Are these parents allowed to behave like this?

First, let’s talk about if the parents were allowed to gather in the first place. The right to assemble and the right to petition the government are protected under the First Amendment. The parents involved in the anti-mask protests are exercising both of these rights. Because the parents are criticizing the local government’s choice to implement masks in schools, they are criticizing the government. This form of speech is highly protected by the First Amendment and often referred to as “purely political speech.”

While the U.S. Constitution protects the parents’ right to assemble and to petition, your city may have its own set of laws laid out in a city ordinance. For example, in Grosse Pointe, Michigan, a Grosse Pointe City ordinance declares that individuals are allowed to protest as long as they don’t breach the peace of the community. Additionally, the ordinance bans “violent, tumultuous, offensive, or obstreperous conduct,” which translates to unruly, noisy, aggressive, or rude behavior. If the parents protesting the mask mandate acted this way, they may have violated the Grosse Pointe City ordinance. Additionally, the ordinance prevents protestors from blocking traffic; thus, the anti-mask protestors may have violated this part of the ordinance if they blocked the road or sidewalks.

Basically, the government cannot establish regulations that are focused on the content of a protest - meaning the speech that is communicated - but it can restrict where or when people protest. For example, the government can have a regulation that forbids people from protesting within 100 feet of a school from 8 a.m. to 5 p.m., when students are at the school. This regulation would limit the time and place where protests could occur but not the message the protesters convey or the purpose of their protest.

The First Amendment gives us broad speech rights, but do you think these rights are too broad? Is there a balance between protecting the health of our community and gathering to promote our beliefs?

Think about these questions and remember them when you are reading news and discussing controversial topics with your family and friends.

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Can parents of students protest mask mandates on school property?

Yes, the anti-mask protesters ARE allowed to protest outside of your high school.

Even though the protestors have a right to assemble, the parent protesters might be subject to something called a time, place, and manner restriction.

Have questions about free speech rights?