Kids may regard certain behavior as harassment that we hadn't thought of. These conversations are more time-consuming but worth it. This is troubling in schools when a lot of legalese is used or when English is not the home language of parents. You need to make an effort to translate the notices into language parents can read. If you want home-school cooperation, then you've got to work to make parents comfortable and to help them comprehend school policies.
Kids do that all the time.
That's where I think we need to have the conversation, and let kids at least understand why decisions are made. I'm all for letting the First Amendment flourish, but that doesn't mean anything goes. You don't have a First Amendment right to cause disruptions in class. And this doesn't mean that kids get to vote on whether they should take tests or on teachers' salaries. But sometimes schools don't do a good job of giving kids a forum to air their views.