Stop with the Exceptions: A Narrow Interpretation of Tinker for All Student Speech Claims

Authors

Matthew Sheffield, Benjamin N. Cardozo School of Law

Abstract

The article examines the evolution of First Amendment rights for students in public schools, focusing on the landmark *Tinker v. Des Moines Independent School District* decision and its subsequent interpretations. While Tinker established that students retain their constitutional rights in schools, later Supreme Court rulings, such as Fraser, Hazelwood, and Morse, have narrowed its application, balancing student free speech against school administrative concerns. The article argues that these post-Tinker decisions are consistent with the original intent of Tinker and advocate for a narrow application of its principles to maintain equilibrium between student rights and school authority.

Disciplines

Education Law | First Amendment | Law

Recommended Citation

Matthew Sheffield, Stop with the Exceptions: A Narrow Interpretation of Tinker for All Student Speech Claims, 10 Cardozo Pub. L. Pol’y & Ethics J. 175 (2011).
Available at: https://larc.cardozo.yu.edu/cplpej/vol10/iss1/7