NCJ Number
163094
Journal
St. John's Law Review Volume: 69 Issue: 3-4 Dated: (Summer-Fall 1995) Pages: 421-479
Date Published
1995
Length
59 pages
Annotation
This analysis of the 1969 U.S. Supreme Court decisions in Tinker v. Des Moines Independent Community School District and subsequent cases focuses on limits on student freedom of expression in the school setting and the paradox involved in granting liberty to children while recognizing that society must indoctrinate children so that they may be capable of autonomy.
Abstract
In the Tinker decision the Court struck down a school regulation prohibiting the wearing of black armbands to protest the Vietnam War. The language of the opinion initially appeared to be significantly more far-reaching than supported by the facts, and the decision produced difficulty for school officials trying to balance student rights to free speech with the need for sufficient obedience and deference to authority for schools to function effectively. Subsequent judicial decisions have severely eroded the significance of Tinker by placing increasing emphasis on upholding the authority of school officials when these officials are confronted by student speech activities. The Supreme Court decisions in Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier demonstrate this trend. These decisions have established that Tinker does not apply to school-sponsored expressive activities such as school newspapers. They also highlight the importance of understanding that the inculcation of virtue requires an appreciation for the value of both liberty and authority and that the educational process must address students' needs to experience both. Footnotes