Toothless Tinker: The Continued Erosion of Student Speech Rights

Journalism & Mass Communication Quarterly, 88(2) Summer 2011

Saint Louis U. Legal Studies Research Paper No. 2011-37

24 Pages Posted: 10 Jul 2012 Last revised: 6 Oct 2012

See all articles by Dan Kozlowski

Dan Kozlowski

Saint Louis University - Department of Communication; Saint Louis University - School of Law

Date Written: Summer 2011

Abstract

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

Suggested Citation

Kozlowski, Dan, Toothless Tinker: The Continued Erosion of Student Speech Rights (Summer 2011). Journalism & Mass Communication Quarterly, 88(2) Summer 2011; Saint Louis U. Legal Studies Research Paper No. 2011-37. Available at SSRN: https://ssrn.com/abstract=2103314

Dan Kozlowski (Contact Author)

Saint Louis University - Department of Communication ( email )

St. Louis, MO 63108
United States

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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