The Charlotte-Mecklenburg Schools board has adopted its first policy addressing students’ free speech, following several incidents involving political expression during the past school year.
Free speech at CMS drew attention when a message about Charlie Kirk appeared on the Ardrey Kell High School spirit rock (the design included the phrase “live like Kirk” and a Bible verse) and when students protested Border Patrol activity in Charlotte. But CMS board Vice Chair Dee Rankin said the policy was not driven by any single event.
Instead, Rankin said it reflects both those high-profile situations and other, lower-profile instances that occur regularly.
“You also have things like parking spaces that are painted for seniors at schools, you have benches that are dedicated,” Rankin told WFAE. “Certain things that may not have reached the news, but there are so many different incidents across the district that, you know, that sparked this concept, and knowing that we needed some framework so it could be consistently applied across the district.”
The policy protects students from discipline due to speech, including political and religious expression. There are exceptions: speech is not protected if it causes a “substantial disruption” to instruction, is vulgar or promotes drug use, or infringes on other students’ rights.
The policy applies to all student speech that occurs at school and at school-sponsored events. It also applies to some off-campus speech, such as social media posts that involve threats, bullying, or harassment of other students.
“Because the legal doctrines governing school regulation of off-campus student speech are still emerging, school administrators should consult with the Office of General Counsel before restricting or imposing disciplinary consequences under the Code of Student Conduct for any such speech,” the policy notes.
It also directs principals to develop schoolwide guidelines for designated areas of student expression, such as spirit rocks, student parking spaces, murals, or benches, clearly outlining how those spaces may be used.
“I think it creates a space for our students to be able to exercise their right to free speech, but also ensures our schools remain safe and promotes civil discourse,” Rankin said of the policy.
Speaking at Tuesday night’s school board meeting, student Celia Kaul disagreed. She argued that the section preventing speech that causes “substantial disruption” to instruction was overly vague and could be used unfairly.
“This policy is showing students that authority can and will be used with impunity against them,” she said. “Rephrasing the document, providing more details, or revisiting the policy with student voices in mind by asking them to weigh in on individual concerns regarding freedom of speech will help ensure student rights are protected throughout CMS.”
The policy states that “speech cannot be restricted for a vague and unsupported fear of disruption, nor a mere desire to avoid discomfort of an unpopular view.”
The policy passed in a 7-2 vote, with CMS board members Charlitta Hatch and Liz Monterrey Duvall voting against it.
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