Language Prohibiting Weapons Discussion in Massachusetts School Misses the Target

An elementary school in Massachusetts has adopted a well-intentioned rule that could run afoul of First Amendment principles. The new rule advises students that any discussion of weapons, whether real or toy, as well as making shooting gestures, is not acceptable.

The main problem with the rule is that it is overbroad, potentially prohibiting discussions about benign subjects such as superhero movies. On the other hand, if the school makes exceptions for superhero movies or books, the rule is vague and enforcement is arbitrary. Even elementary students have a right to clarity and consistency when rules restrict their free speech.

This rule also exhibits a woeful ignorance of normal childhood development. Pretend play, which often involves superhero scenarios or imaginative battles, is a common and important aspect of a child's growth. By restricting discussions and play related to weapons, the school might inadvertently stifle creativity and imagination.

A much better rule would be a prohibition against threatening speech or gestures.  Schools do have a vital interest in ensuring safety and preventing threats. The school spokesperson said that the administration changed the rule because there were several instances in which students made gestures about guns, but none of the rules applied. Surely, the school had rules against threatening words or gestures that it could have used to discipline disruptive students.  

But if the gestures weren’t threatening, then the First Amendment protects them. By trying to expand the rules to prohibit gestures that merely make adults uncomfortable, the school may have gone beyond what the Constitution allows.