How are students’ rights balanced against school officials’ job to maintain order?

The Supreme Court in Tinker developed a test for evaluating whether school officials can censor student expression without violating the First Amendment.   The test is known as the “substantial disruption” test.  Under this test, school officials may prohibit student speech if they can reasonably forecast that the student speech will cause a material interference or substantial disruption of school activities or invade the rights of others.

Category: Lawyers

← FAQ