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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 ...
The Supreme Court ruled broadly that students' freedom of speech was not limited simply for being on school grounds, but schools do have a compelling interest to limit speech that may "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school", what is known as the Tinker test for ...
Social disruption is a term used in sociology to describe the alteration, dysfunction or breakdown of social life, often in a community setting. Social disruption implies a radical transformation, in which the old certainties of modern society are falling away and something quite new is emerging. [ 1 ]
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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.
School disturbance laws started to become integral to school discipline in the 1990s, in response to rising fears of school violence, high-profile shootings in schools (such as the Columbine High School massacre), and passage of "zero-tolerance laws" such as the Gun-Free Schools Act of 1994, following which many more police were installed in ...
The disruption in daily school routines may have severe ramifications on students with conditions like autism, which thrive on routine and regular schedules. Additionally, students with Autism are more likely to have anxiety and are losing key social and learning opportunities that are helpful for their development.
Thus, for Judge Kleinfeld, "the question comes down to whether a school may, in the absence of concern about disruption of educational activities, punish and censor non-disruptive, off-campus speech by students during school-authorized activities because the speech promotes a social message contrary to the one favored by the school.