Tinker
What did the students in Tinker wear to protest the Vietnam War?
Black Arm Bands
What social media platform did the student use for speech in this case?
Snapchat
What was the speech in this case?
Fake social media profile using the principal's picture
What social media platform did the student use for this speech?
What social media platform did the student use for this speech?
True or False: Students shed their constitutional rights at the schoolhouse gate
False! Students DON'T shed their rights at the schoolhouse gate
Why was the student upset?
She did not make varsity cheer
Was the principal's name included on this profile?
No. Just his picture
Who was the profile impersonating?
One of the student's teachers.
What content did this account post?
Racist posts that targeted black students and a staff member.
Can a school restrict student speech based only on fear or discomfort with an unpopular opinion?
No! The school must show the speech would actually materially disrupt the functioning of the school.
What rule came from the Supreme Court's decision in this case?
Schools have less authority to restrict students' off-campus speech
Was there a substantial disruption resulting from this speech?
No, just general rumblings of students and a few minutes of talk in class.
Did this speech cause a substantial disruption?
Yes. A teacher cried. Students could not focus in school because of the discussion of the fake profile.
Was there a "sufficient nexus" between the fake profile and the school?
Yes. The targeted posts caused severe emotional distress and required police intervention due to an on-campus protest
In what decade was Tinker decided?
Do the rules from Tinker still apply to off-campus speech?
Yes, Tinker applies, but courts must be more skeptical of a school’s efforts to regulate off-campus speech.
Did the Court think anyone would take this fake profile seriously?
No. It was so outrageous that there was no evidence anyone took it seriously.
Was the school allowed to suspend the student for this off-campus speech?
Yes. A school can restrict speech that involves serious bullying, harassment, impersonation, or threats directed at members of the school community
Did this profile cause a substantial disruption to the educational environment?
Yes. Protests and confrontations. School activities were disrupted. Police became involved.
What did the Supreme Court say a school must prove to restrict speech in Tinker?
(1) An actual material and substantial disruption; (2) Reasonable forecast of a material and substantial disruption; OR (3) Impinging on the rights of others
Who did the Court say had responsibility for this student's off-campus speech?
Her parents, not the school.
Although offensive and mean-spirited, why did the Court say that this kind of parody is be allowed?
It gives people a nonviolent way to express frustration.
How long was the student suspended for?
10 days.
Did the Supreme Court think that the school could punish students who simply followed the account or engaged with non-targeted content?
No. Only the student who created the account and students who actively commented on the targeted racist content.