Post-Tinker
26 Pages Posted: 25 Aug 2020 Last revised: 4 Sep 2020
Date Written: May 27, 2013
Abstract
This Article suggests, in a nutshell, that the Supreme Court should allow public schools the chance to opt out from the student speech regime created by Tinker and its successor cases, subject to appropriate independent legal constraints, for the sake of better pursuing one or more of the consensually vital purposes of public education. The aim of such a reform would not be somehow anti-student speech, but to allow particular public schools to avoid the various largely intangible costs of the Tinker regime, and to better promote goals such as educational equality, educational achievement, civic awareness, enhanced graduation rates, and general civility and mutual respect among students.
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