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Tinker v. Des Moines

Opinion: Cheerleader withholding cheers not disruptive

donal brown November 11, 2010

First Amendment commentator David Hudson says that in the case of the Texas cheerleader kicked off the team for not cheering for her alleged sexual attacker, it is clear that she was not disruptive in not cheering nor was there any legitimate educational goal achieved by removing her from the squad. -db First Amendment Center Commentary November 11, 2010 By David L. Hudson Jr. Can a silent cheerleader disrupt school activities? Is there a legitimate

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Federal appeals court rejects student’s free speech claim over racial slur

donal brown October 21, 2010

Citing the likelihood of substantial disruption, the 2nd Circuit ruled that school authorities acted corrrectly in suspending a student for making a racial slur after a Hispanic student had died in a motorcycle accident. -db First Amendment Center Analysis October 20, 2010 By David L. Hudson Jr. East Hampton, N.Y., public school officials were entitled to qualified immunity for removing a student from school who allegedly made a racial slur that led to substantial disruptions

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Federal judge find fifth-graders drawing threatening

donal brown June 3, 2010

Reviewing evidence that a fifth-grader had a disciplinary record and was prone to violent expressions, a federal judge ruled that school officials met legal standards in suspending the boy. The judge said the boy’s history and actions met the “substantial disruption” test from Tinker v. Des Moines. -db First Amendment Center Analysis June 2, 2010 By David L. Hudson Jr. School officials in Montgomery, N.Y., were justified in suspending a fifth-grader for his threatening drawing,

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Student First Amendment rights get lost in school’s policing of off-campus postings on social media

donal brown March 18, 2010

A blogger from the Citizen Media Law Project argues that school authorities are over reaching in many instances in punishing students for off-campus speech. In many instances the speech has no disruptive effect on the school or falls short of creating a hostile school environment. -db Citizen Media Law Project Commentary March 17, 2010 By Justin Silverman A freshman at Oak Grove High School in Missouri used Facebook last month to vent about another student: “Wow,

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Students punished for off-campus speech

donal brown July 28, 2009

A CMLP intern says that there is an epidemic of cases in which students are reprimanded for off-campus speech. A case in a Mississippi high school illustrates the way students can be denied their First Amendment rights. -DB Citizen Media Law Project Commentary July 28, 2009 By Lee Baker The Supreme Court once famously said that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”  Tinker

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