Sunday, March 13, 2011

Why It's a Landmark Decision

       This case is a landmark decision because, for the first time, it gave students the right to exercise their First Amendment right to free speech as long as it is peaceful and orderly and not disruptive. The Tinker standard is still used today to assess the constitutionality of school policies and students’ actions while they are in school.
      Even though the Tinker case guarantee's protection of student's First Amendment rights to free speech, the right has been modified through other cases involving students. In Bethel School District v. Fraser and Morse v. Frederick, student speech was limited. It cannot be disruptive or vulgar, even if it is just innuendo, or if the speech is condoning illegal drug use. Additionally, student speech, as well as student freedom of press, was limited in Hazelwood School District v. Kuhlmeier, which determined that speech and press could be limited if the principal did not feel it was in line with the education goals of the school. In all, student speech must go under three considerations by the courts: threat of disruption, offensiveness in light of community standards, and impairment to the school's educational mission and goals.

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