Can school officials prohibit student speech simply because they don’t like?

Absolutely not.  U.S. District Court Judge Rodney Sippel expressed this well years ago in Beussink v. Woodland IV School District (E.D. Mo. 1998), writing “Disliking or being upset by the content of a student’s speech is not an acceptable justification for limiting student speech under Tinker.

In a case out of Tennessee, Giles County public school officials contended that a t-shirt with pro-gay and lesbian themes would be disruptive to the school. A review federal district court judge disagreed in Young v. Giles County (M.D. Tenn. 2015), writing that “[m]erely invoking the word ‘disruption’ falls far short of the showing that Tinker requires.”

Category: Lawyers