There have been numerous cases where the courts have upheld the right of schools to discipline students for actions taken outside of school. Most (all?) of the summaries have pointed that the school was able to show a disruption or very reasonable fear of a disruption. For years, every month, they toss pamphlets filled with recent court decisions into our faculty room at school. Finding educational law to be fascinating, I've read every one of them from cover to cover (to to mention grad classes in educational law.)
Also, it should be pointed out that even teachers lose their first amendment rights at the door. (As is generally the case at the workplace.) Just at a quick glance, here's one:
http://www.schoollibraryjournal.com...ourt_teachers_first_amendment_rights.html.csp
Like I said, I haven't read into that many cases about this subject other than the more famous ones. My only contention is that the off-campus events did not involve a fundamental right like the First Amendment. I'm not sure if you have more examples of where the school applied disciplinary actions against disruptive student speech that occurred off-campus.
To play devil's advocate a bit here, if we play on another clause in the First Amendment, would it be ok for a school to suspend a student for being Muslim during the height of 9/11 paranoia because it would cause disruption in the school? It seems the very principal in
Tinker is a bit flawed in that student speech is so easily trumped by a standard like "disruption."
Yeah, but look more closely at the majority opinion in the Morse case you mention (2007). There, the Court said it was OK to suspend a student for holding up a banner that said "Bong hits 4 Jesus" across the street from the school (off school grounds) because it "promoted illegal drug use." Pretty bad ruling IMO. "Bong hits 4 Jesus" LOL he should have gotten a medal.
Clarence Thomas is terrible on civil rights, in general. The worst in the Court by far.
I was not too surprised at that ruling mainly because it felt like the Court was deciding based upon purely ideological lines. I maintain, though, that even in that case, the student may have been off-campus but was attending a school supervised event. So even if the decision was based on ideology, it does not entirely disregard the principals from
Tinker. It's arguable that his sign could cause a disruption of the school's drug policies.
I only brought up Clarence Thomas as a comical notation. Nothing is quite as funny to me as a textualist that reads the First Amendment's clause that states, "Congress shall make no law . . . abridging the freedom of speech," and then goes on to explain that there should be no freedom of speech for minor students. Didn't realize the First Amendment actually reads, "Congress shall make no law . . . abridging the freedom of speech
except for minor students who shall have no rights." Maybe that policy was hidden in a footnote somewhere in the BoR. As an aside, I am borderline against even Justice Holmes interpretation of the First Amendment from
Schenck v. United States with his analogy of yelling fire to cause a false panic.