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Tinker v. Des Moines

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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New York: Student speech rights set back by federal appeals court ruling against high school blogger

donal brown April 26, 2011

A New York federal appeals court delivered a double whammy to student free speech rights in ruling that a high school administration could punish Avery Doninger for statements in her off-campus blog and subsequently for wearing a “Team Avery” T-shirt at a school assembly to protest the earlier punishment. The ruling focused on the issue of “qualified immunity”, that government officials cannot be held liable for damages even if they violate the law if the

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Free speech: Ex-cheerleader asks U.S. Supreme Court to rule on right to refuse to cheer

donal brown March 3, 2011

A ex-cheerleader punished for refusing to cheer for a basketball player who allegedly sexually attacked her is taking her case to the U.S. Supreme Court. A federal appeals court ruled that it was disruptive to the school for her to abandon her duties to cheer when she voluntarily agreed to the job. The ex-cheerleader is arguing that silence was not disruptive, and there was no legitimate educational purpose in forcing her to cheer for her

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Washington: High school student suspended for abandoning school-approved speech

donal brown February 15, 2011

A high school sophomore from Edmonds, Washington, running for student government, was suspended for a day and a half after he substituted his own speech for a school-approved one. The student had urged students to boycott the election since student government officers were puppets of the teachers and had no real power. The boy’s mother is appealing the suspension to the school board on the grounds that the speech created no disruption at the school.

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High school student insulting teacher online gets suspension from school expunged

donal brown January 29, 2011

San Francisco Chronicle January 29, 2010 By Bob Egelko SACRAMENTO COUNTY – A high school sophomore suspended for calling his teacher a “fat ass” on Facebook had the infraction erased from his record after his principal conceded that the posting was not disruptive to the school environment. The American Civil Liberties Union had argued that the boy’s speech was protected under the First Amendment as it did not create “a material and substantial disruption” at

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