Originally posted by: Zenmervolt
Originally posted by: Ocguy31
Holy crap is all I can say about the Obamabots in this thread. Foot, meet mouth:
Tinker v Des Moines
From Justice Fortas' writing of the majority opinion:
"First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years."
So that invalidates about 2/3 of the posts in this thread.
Read the opinion of the case that you so rashly cite.
The ruling in Tinker v. Des Moines is entirely dependent upon the court's finding that the administration had no grounds to assume that the plaintiffs' armbands were, or were likely to be, disruptive to the overall learning environment.
You also fail to cite at least three important cases establishing that there are other limitations on student free speech in addition to the nondisruptive criterion used in the Tinker decision.
There is Bethel School District v. Fraser, in which the US Supreme Court ruled that a high-school student's innuendo-filled speech was not constitutionally protected.
There is Hazelwood v. Kuhlmeier, in which the USSC ruled that student newspapers were not protected by the 1st Amendment.
And there is Morse v. Frederick, in which the USSC ruled that student speech that promotes illegal drug use is not protected by the 1st Amendment.
So, in summary, the case you cite works against you, as do the three other USSC cases I've cited. Clearly, a student's 1st Amendment rights are subject to significant restriction in public schools.
ZV
This is one of my favorite things about the internet and Google. It really gives stupid people a ready supply of rope to hang themselves with.