Losing the Spirit of Tinker v. Des Moines and the Urgent Need to Protect Student Speech

66 Clev. St. L. Rev. Et Cetera 2 (2018)

Belmont University College of Law Research Paper No. 2018-15

12 Pages Posted: 6 Aug 2018

Date Written: March 4, 2018

Abstract

This essay first examines the Tinker case and reminds readers of the powerful language Justice Fortas used in his majority opinion. It explains that the test from Tinker was designed to be a speech-protective standard for student litigants. The second part of the essay evaluates several recent cases, which demonstrate that the once speech-protective standard in Tinker has become a test that is often favorable and deferential to school officials embroiled in student, free-speech controversies.

Keywords: Tinker v. Des Moines Independent Community School District

Suggested Citation

Hudson, David L., Losing the Spirit of Tinker v. Des Moines and the Urgent Need to Protect Student Speech (March 4, 2018). 66 Clev. St. L. Rev. Et Cetera 2 (2018); Belmont University College of Law Research Paper No. 2018-15. Available at SSRN: https://ssrn.com/abstract=3227034

David L. Hudson (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

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