Document Type

Article

Publication Date

2014

Abstract

Tinker v. Des Moines Independent Community School District is rightly regarded as a landmark student speech case. At this point, however, it is fair and important to ask about the likely consequences of radically abandoning Tinker and the succeeding case law. What might it mean, at this historical point, to abandon Tinker along with its qualifying and limiting cases? The discussion briefly pursues this question and endorses a radical abandonment of Tinker and the succeeding cases as binding case law.

Publisher

Cardozo Law Review de·novo

Volume

2014

First Page

138

Comments

Symposium

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