Off-Field Speech Protections in the Social Media Age

Legal620 Feat2

The United States Supreme Court famously declared in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Only when a student's speech causes — or reasonably might be projected to cause — a "substantial disruption of or material interference with school activities" may a school impose discipline on such speech.

Since the Tinker decision, the Supreme Court has created three main exceptions to the rule by permitting schools to discipline students for: 1) utilizing vulgar and offensive terms and sexual innuendo during an on-campus event, 2) speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns; and 3) speech conducted during a school-sponsored event that promotes illegal drug use.

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