Posted: June 20th, 2017

Where it applies, the Tinker standard prohibits censorship of otherwise lawful student speech (i.e., no libel, no obscenity, etc.) except in cases where school officials can show that the speech would result in a “material and substantial disruption” of normal school activities.

Where it applies, the Tinker standard prohibits censorship of
otherwise lawful student speech (i.e., no libel, no obscenity, etc.)
except in cases where school officials can show that the speech would
result in a “material and substantial disruption” of normal school
activities. Which of the following reasons for censorship would
probably be struck down as unconstitutional because it fails to meet
the Tinker standard?
a. A principal censors a student’s column in the student newspaper that
advocates eliminating the school’s dress code. The principal wrote
and implemented the dress code last year and believes the view
expressed in the column seriously undermines her authority.
b. A principal censors a news story that reports that 40 percent of the
computers in the school’s computer lab are out of service. The
principal does not dispute the accuracy of the story, but believes the
story will upset the school’s technical support administrator, maybe
even causing him to resign.
c. A principal confiscates the latest issue of the student
newsmagazine, which contains the second of a two-part survey on
student attitudes toward sex. Part One of the survey — the first of its
kind at the school — created quite a “buzz” among both teachers and
students, who have been heard talking about the survey’s findings
both in and out of class. In addition, the principal has received a
number of phone calls and e-mails from parents about the survey,
which has required her to take time out of her day to respond.
d. All of the above.