School officials may not punish student speech unless they can clearly demonstrate that it will cause a substantial disruption of normal school activities. What is a “substantial disruption?” What if an argument broke out in the cafeteria? What if a fight occurred in a busy hallway? In your opinion, when should school administrators punish student speech?
Textbooks:
- Kaplin, W. A. & Lee, B. A. (2014). The law of higher education. (5th Ed., Student Version). San
- Francisco: Jossey Bass. ISBN: 978-1-118-03662-4
Read the following sections:
- Section 9.4: Student Protests and Freedom of Speech
- Section 9.5: Speech Codes and the Problem of Hate Speech
- Section 10.3: The Student Press
Supplemental Materials:
- Tinker v. Des Moines Independent Community School District
- Sadegh Shamloo v. Mississippi State Board of Trustees (BRIEF)
- Justice for All v. Faulkner (BRIEF)
- Lewis v. St. Cloud University