The right to free speech under the First Amendment applies to all individuals regardless of sexual orientation. Colleges may not prohibit gay organizations from organizing and meeting on campus. Additionally, activity fees can be collected from college students over the objections of antigay groups, where the funds are neutrally apportioned among student groups, including gay and lesbian organizations.

Materials addressed to adults and related to sexual orientation are protected under the First Amendment. Indecent, although not obscene, materials are protected as well. Advertisements for gay sexual encounters in certain newspapers, for example, are protected free speech.

However, school districts may limit speech in the form of posters, notices, Web site postings and announcements over the school public announcement system by student associations regarding sexual orientation where materials and discussions concerning any sexual activity are typically prohibited.

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