Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document. One possible explanation as to why the Framers did not address this issue in the Bill of Rights is because the primary forms for both political debate and protest in their time were verbal expression and published word, and they may have been unaware of the possibility of future people using non-verbal expression. Symbolic speech is distinguished from pure speech, which is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea.
The term in loco parentis, Latin for "in the place of a parent", refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
United States v. O'Brien, 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end.
Bethel School District v. Fraser, 478 U.S. 675 (1986), was a landmark decision of the Supreme Court of the United States in which the Court upheld the suspension of a high school student who delivered a sexually suggestive speech at a school assembly. The case involved free speech in public schools.
North High School is a public secondary school located in Des Moines, Iowa. It is one of five secondary schools in the Des Moines Independent Community School District.
Morse v. Frederick, 551 U.S. 393 (2007), is a United States Supreme Court case where the Court held, 5–4, that the First Amendment does not prevent educators from prohibiting or punishing student speech that is reasonably viewed as promoting illegal drug use.
A black armband is an armband that is coloured black to signify that the wearer is in mourning or wishes to identify with the commemoration of a family member or friend who has died.
Edna May Griffin was an American civil rights pioneer and human rights activist. Known as the "Rosa Parks of Iowa", her court battle against the Katz Drug Store in Des Moines in 1948, State of Iowa v. Katz, foreshadowed the civil rights movement and became a landmark case before the Iowa Supreme Court.
In Guiles v. Marineau, 461 F.3d 320, cert. denied by 127 S.Ct. 3054 (2007), the U.S. Court of Appeals for the Second Circuit held that the First and Fourteenth Amendments to the Constitution of the United States protect the right of a student in the public schools to wear a shirt insulting the President of the United States and depicting images relating to drugs and alcohol.
The right to protest may be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech. Additionally, protest and restrictions on protest have lasted as long as governments have.
The issue of school speech or curricular speech as it relates to the First Amendment to the United States Constitution has been the center of controversy and litigation since the mid-20th century. The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".
The substantial disruption test is a criterion set forth by the United States Supreme Court, in the leading case of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). The test is used to determine whether an act by a U.S. public school official has abridged a student's constitutionally protected First Amendment rights of free speech.
The Tully Center for Free Speech is a research institution dedicated to the study, protection, and promotion of free speech in the S. I. Newhouse School of Public Communications at Syracuse University in Syracuse, New York. It also brings in speakers throughout the year who lecture in classes and at events at the Newhouse School and across the Syracuse University community. The center was founded in 2006 with a bequest from Joan A. Tully, an alumna of the Newhouse School & Daily Orange.
The censorship of student media in the United States is the suppression of student-run news operations' free speech by school administrative bodies, typically state schools. This consists of schools using their authority to control the funding and distribution of publications, taking down articles, and preventing distribution. Some forms of student media censorship extend to expression not funded by or under the official auspices of the school system or college.
Louise Frankel Rosenfield Noun was a feminist, social activist, philanthropist, and civil libertarian.
Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States which held, in a 5–3 decision, that student speech in a school-sponsored student newspaper at a public high school could be censored by school officials without a violation of First Amendment rights if the school's actions were "reasonably related" to a legitimate pedagogical concern.
Dan L. Johnston was an American lawyer and politician. He was from Des Moines, Iowa. A member of the Iowa Democratic Party, he served in the Iowa House of Representatives and as the Polk County attorney.
Mahanoy Area School District v. B.L., 594 U.S. 180 (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off-campus, including speech made on social media. The case challenged past interpretations of Tinker v. Des Moines Independent Community School District and Bethel School District v. Fraser in light of online communications.
Kowalski v. Berkeley County Schools, 652 F.3d 565 (2011), was a freedom of speech case of the United States Court of Appeals for the Fourth Circuit over the online speech of a public school student. The appeals court affirmed the decision of the district court that the student's suspension for online harassment of a fellow student was constitutional.
