Toothless Tinker: The Continued Erosion of Student Speech Rights
Journalism & Mass Communication Quarterly, 88(2) Summer 2011
24 Pages Posted: 10 Jul 2012 Last revised: 6 Oct 2012
Date Written: Summer 2011
This article analyzes four primary ways in which federal courts have weakened Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court's landmark student speech case. The study focuses particularly on recent circuit court interpretations of Tinker. Analysis shows that even when Tinker provides the controlling precedent in a case, students are losing their First Amendment claims with alarming frequency, leaving student speech advocates to wonder what rights students actually have left.
Keywords: First Amendment, student speech, Supreme Court, Tinker v. Des Moines Independent Community School District
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