When we muzzle students, we muzzle democracy

Kansas lawmakers are crafting legislation that would levy outrageous fines on school districts that allow their students to participate in walkouts

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Columnists

March 20, 2026 - 2:53 PM

Lawrence High School students and residents protest U.S. Immigration and Customs Enforcement on Jan. 27, 2026 in Lawrence, across the street from the school. (Photo by Maya Smith for Kansas Reflector)

Across Kansas, lawmakers have advanced a series of policies that directly threaten students’ First Amendment rights — policies that should alarm anyone who cares about democracy, civic participation, and the development of informed citizens. 

Most recently, the Kansas Senate attached a budget amendment requiring parental permission for student protests during the school day and imposing steep financial penalties on school districts that “encourage, facilitate, or enable” walkouts. Under this proposal, districts could face fines exceeding $100,000 per day, and any school day that includes a walkout would not count as instructional time. 

This is not a minor procedural change; it is an attempt to muzzle student speech by making it too costly for schools to tolerate. 

The amendment passed the Senate by a 21–18 vote and is still awaiting reconciliation with the House, but its message is unmistakable: Kansas lawmakers are intentionally designing a policy that discourages young people from exercising their constitutional rights. 

The First Amendment does not disappear at the schoolhouse gate. 

More than 50 years ago, in Tinker v. Des Moines, the Supreme Court decided that students retain their constitutional rights within public schools. 

The Court made clear that student speech can only be restricted when it causes substantial disruption — certainly not when it merely makes adults uncomfortable. Yet state officials in Kansas are now advancing restrictions that conflict with this long‑standing precedent, a concern raised repeatedly by civil liberties advocates and legal scholars. 

Kansas students know their rights are at stake. 

From Lawrence to Wichita to Dodge City, high schoolers have walked out in protest of federal immigration enforcement practices and other pressing issues, demonstrating a willingness to engage civically even before they are eligible to vote. 

Students have been clear: protest is one of the few avenues they have to make their voices heard.

The legislature should not suppress those voices simply because they are powerful. 

This movement to restrict student protest is not new, but it has accelerated. 

The ACLU of Kansas recently detailed how similar attempts to limit speech have already appeared in districts such as Shawnee Mission, where administrators previously tried to suppress speech related to gun violence and even seized student journalists’ recording devices — actions the district later retreated from after legal challenge.

What is especially troubling is how these new statewide restrictions undermine the very civic values we claim to teach. 

If our democracy depends on informed, engaged citizens, then suppressing the political speech of young people, particularly those just beginning to find their civic voice, works against every democratic principle we profess to uphold. 

Civic engagement is not an extracurricular activity; it is the foundation of democratic life. Students learn democracy by doing democracy.

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