Abstract
Tinker v. Des Moines Independent Community School District was a watershed moment involving the First Amendment free speech rights of students in American public schools. In Tinker, the Supreme Court affirmed that absent a reasonable forecast of material and substantial disruption, educators could not discipline students who wore black arm bands to school protesting American military action in Viet Nam. Not surprisingly, litigation continues on the boundaries of student speech, coupled with the extent to which educators can limit expression on the internet, especially social media. As the Justices finally entered the fray over cyber speech, this three-part article begins by reviewing Tinker and other Supreme Court precedent on student expressive activity plus illustrative lower court cases before examining Levy v. Mahanoy Area School District. In Levy, the Court will consider whether educators could discipline a cheerleader, a student engaged in an extracurricular activity, who violated team rules by posting inappropriate off-campus messages on Snapchat. The article then offers policy suggestions for lawyers and educators when working with speech codes applicable to student use of the internet and social media by pupils involved in extracurricular activities.
Highlights
More than fifty years ago, the United States Supreme Court’s ruling in Tinker v
In Tinker, the Justices affirmed an order of the federal trial court in Iowa that absent a reasonable forecast of material and substantial disruption, educational officials could not discipline students who expressed their views in protest against American military action in Viet Nam by wearing black arm bands to school
While Tinker was the initial case recognizing the First Amendment free speech rights of students in public schools, as discussed below,2 it turned out to be the high watermark for the protections the judiciary would afford expression in its three later judgments on this important topic
Summary
More than fifty years ago, the United States Supreme Court’s ruling in Tinker v. Des. Moines Independent Community School District (Tinker) represented a watershed moment involving the First Amendment free speech and expression rights of students in American public schools. While Tinker was the initial case recognizing the First Amendment free speech rights of students in public schools, as discussed below, it turned out to be the high watermark for the protections the judiciary would afford expression in its three later judgments on this important topic. Rather than review the wide array of student speech and expression cases, this article focuses on expressive activity on social media, zeroing in on Levy in light of the key role that technology continues to play in schools.. The remainder of this three-part article begins by reviewing Tinker before examining the Supreme Court’s trilogy of other cases on student expressive activity as well as briefly highlighting illustrative controversies from lower courts..
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