Tinker v. Des Moines

Online posting: Student speech subject to greater regulation after Supreme Court refuses to hear case

The U.S. Supreme Court left standing a lower court ruling supporting the punishment of a high school student for criticizing a decision by school officials in a vulgar online posting. By ruling not to hear the case, the Court sidestepped an opportunity to establish guidelines for regulation of student speech in social media forums. -db From The CT Mirror, October 31, 2011, by Jacqueline Rabe Thomas. Full story

Read More »

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

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

Read More »

Nevada student loses free speech case over threatening text messages

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.

Read More »

Student free speech takes another pasting in ruling on Internet postings

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

Read More »

Minnesota court invokes Tinker in upholding punishment of student for off-campus speech

In one of the first cases concerning off-campus speech of college students, the Minnesota Court of Appeals ruled that the University of Minnesota was justified in disciplining a former student in the mortuary program for her Facebooks posts in 2009. The university claimed the student violated the student code of conduct and gave her a failing grade in her anatomy-laboratory class and put her on academic probation for the rest of her undergraduate years. In

Read More »