CL: To what extent can schools limit students’ speech and expression? Matthew Sharp: There is a very long-standing, well-established line. Years ago, back in the 1960s, there was a case that came out of Iowa involving students protesting Vietnam War. This case made its way to the Supreme Court. It is called Tinker v. Des Moines Independent School District. The Court ruled that anytime a student wants to express himself at school, whether it be wearing an armband, passing out literature or fliers to other students, or engaging in face-to-face communication, students have an absolute right to do it, unless their expression is going to result in material or substantial disruption to the activities of school. Schools cannot restrict student speech just because they do not like it or do not want to allow literature distribution. The Court held that unless there is a material or substantial disruption that causes a riot or that is going to disrupt classroom teaching, schools cannot restrict it.
Posted on: Sat, 15 Jun 2013 00:16:06 +0000
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