As an example, some school districts in Texas are openly disobeying the ban on mandatory masking in schools, which was recently confirmed to be legal by a Federal appellate court. So we have a situation where:

  1. State regulation (via the governors executive order) says masking cannot be mandated in schools
  2. Courts have so far confirmed that the executive order is completely legal
  3. School district officials are openly defying the law by mandating masks in their jurisdiction

Does this mean that any student is entitled to openly refuse to obey the masking rules, citing the legal situation above? Or are they expected to comply until a court explicitly rules that their particular school district is violating the law?

  • 3
    Relatedly: would a student punished for violating such a rule have any recourse?
    – Ryan M
    Dec 31, 2021 at 10:39
  • 2
    This is going to depend on the particulars. For example, how is the school district reacting to students who openly refuse to comply? School authorities are closest to the students and their behavior. If the student is legally entitled to disobey the school, and the school nonetheless enforces its rules, the student has little choice but to comply in the short term while suing the school district. Even if the student prevails, how does the state judiciary or executive react to the school's disobedience?
    – phoog
    Dec 31, 2021 at 14:12
  • @RyanM that's basically my question. I'm assuming the legal advice would be to openly disobey, request to be officially asked to vacate school premises, then sue the school and ask a judge to force the school to do otherwise? Jan 11, 2022 at 7:01


You must log in to answer this question.

Browse other questions tagged .