ERIC Number: ED652461
Record Type: Non-Journal
Publication Date: 2020
Pages: 100
Abstractor: As Provided
ISBN: 979-8-5699-2467-7
ISSN: N/A
EISSN: N/A
The Second Prong of the "Tinker" Test: A Constitutional Right to Not Be Offended?
Jonathan Pilkington
ProQuest LLC, Ed.D. Dissertation, Northern Illinois University
In the landmark 1969 "Tinker v. Des Moines" case, the Supreme Court ruled school districts could censor student speech if it caused a material and substantial disruption to the educational process or if the speech infringed upon the rights of others. Since then, the Supreme Court has also allowed schools to abridge students' speech rights if the speech was obscene, if the speech was part of a school-sponsored activity, or if the speech promoted illegal drug use. Most of the court cases since "Tinker" have applied the first prong of the "Tinker" decision, focusing on disruption to education as the test to justify censorship. The constitutionality of foreseeability of disruption has even been debated by the courts. The second prong of the "Tinker" Test has received far less attention. The Supreme Court has yet to define what it means to "infringe upon the rights of others" leaving lower courts to decide and resulting in conflicting decisions. Ultimately, school administrators must practically decide freedom of speech issues, often with little time to prepare and make a decision. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml.]
Descriptors: Constitutional Law, Freedom of Speech, Public Schools, Court Litigation, Student Rights, Censorship, Definitions
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Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Tinker v Des Moines Independent School District
Grant or Contract Numbers: N/A