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substantial disruption

Student appeals case involving online speech to U.S. Supreme Court

donal brown October 18, 2011

The U.S. Supreme Court will decide if it will hear a case from West Virginia in which a student was disciplined for making hurtful comments about another student on MySpace. Citing Tinker v. Des Moines, the administration said the comments could cause disruption at school. The student’s petition asks the Court to decide if the substantial disruption standard from Tinker applies to online speech and to clarify the meaning of the term, substantial disruption. -db

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Supreme Court denies student right to wear Confederate flag T-shirt

donal brown October 13, 2011

The U.S. Supreme Court refused to hear the case of a Kentucky high school student  prevented from wearing a Confederate flag T-shirt to school. A lower court had ruled that the school was justified in the interests of school safety in banning the T-shirt. The student claimed the flag was a part of his southern heritage and the ban violated his free speech rights. -db From the Knoxville News Sentinel, October 12, 2011, by Jamie

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Nevada student loses free speech case over threatening text messages

donal brown August 16, 2011

A federal judge ruled that school officials could expel a Nevada high school student for sending messages threatening female students. The judge rejected claims that the student’s rights were violated when he was punished for off-campus speech and cited the Supreme Court case, Tinker v. Des Moines that established the “substantial disruption standard.” He wrote, “Where a student’s speech is violent or threatening to members of the school, a school can reasonably portend substantial disruption.

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Student free speech takes another pasting in ruling on Internet postings

donal brown August 2, 2011

A federal appeals court ruled that students can be punished at school for their postings on MySpace even if the postings are made off campus in the students’ own time. The court found that the postings were disruptive to the school according to the landmark U.S. Supreme Court case Tinker v. Des Moines. Frank LoMonte, executive director of the Student Press Law Center, thought it was wrong to apply Tinker to off-campus speech and also

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Free speech: High school girls’ risque photos subject of federal suit

donal brown May 24, 2011

Two sophomore girls are suing their Indiana school district in federal court after they were disciplined for posting online photos of themselves posing with phallic lollipops. Both the girls and the district are basing their pleas on the Supreme Court case, Tinker v. Des Moines, the district arguing that the photos appeal to prurient interests and as such were disruptive and run counter to the values of public education. The girls argue that the photos

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