Tinker
Black Armbands
What was the student suspended for in this case?
Giving a speech at a school assembly with lots of sexual metaphors.
Bong Hits 4 Jesus
What school organization did the students work for in this case?
The school newspaper.
What social media platform did the student post on in this case?
Snapchat
True or False: Students shed their constitutional rights at the schoolhouse gate
False! Students DONT shed their rights at the schoolhouse gate
How did students in the audience react to Fraser's speech?
During the speech, some students yelled, some performed graphic gestures, and some looked bewildered and confused.
What is the rule on student speech that this case established?
School officials may prohibit student speech that can reasonably be interpreted as promoting illegal drug use.
What were the topics of the two newspaper articles that the school removed from publication?
Teen pregnancy and divorce
What did the snapchat stories say that ultimately got the student suspended?
Expletives about school and cheerleading, among other things. Frustration that they needed a year of junior varsity before they made varsity.
No! The school must show the speech would actually materially disrupt the functioning of the school.
What is the rule on student speech established by this case?
school officials may properly punish student speech if they determine that speech to be lewd, offensive, or disruptive to the school’s basic educational mission.
Was the banner displayed at a school event or outside of school?
It was displayed at a school event.
Do students have the same constitutional rights as adults in other settings?
First Amendment rights of students in public schools are not automatically the same as the rights of adults
What rule about student speech did this case establish?
the First Amendment protects students’ off-campus speech in some circumstances.
In what decade was Tinker decided?
The 1960s.
How did the court distinguish this case from Tinker?
Fraser’s speech was not a peaceful political statement but was instead a lewd, sexual statement that some students found offensive.
In what state did this case take place?
What is the rule about student speech established by this case?
Schools may exercise control over the style and content of student speech in school-sponsored expressive activities.
Does Tinker still apply to off-campus student speech?
The same interests justifying the regulation of on-campus speech might apply to some off-campus speech as well. However, the school’s interest to restrict free speech off-campus might be diminished
What are the 3 prongs of the Tinker test?
1. actual material and substantial disruption
2. reasonable forecast of material and substantial disruption
3. impinging on the rights of others
Who determines if student speech is inappropriate?
The school board.
What event did the students display the banner for?
What legitimate concerns did the court argue the principal had in this case to prohibit the articles' publication?
The articles were inappropriate for young students and feared the identity of certain students were not protected.
What latin phrase does the Court use to describe schools standing in place of the parents during the school day?
in loco parentis