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The test is used to determine whether an act by a U.S. public school official (State actor) has abridged a student's constitutionally protected First Amendment rights of free speech. The test, as set forth in the Tinker opinion, asks the question: Did the speech or expression of the student "materially and substantially interfere with the ...
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 ...
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.
The school petitioned to the Supreme Court, which ruled in June 2021 in Mahanoy Area School District v. B.L. to uphold the ruling in favor of the student, but overturning the decision of the Third Circuit in that Tinker may cover some parts of off-campus speech when the school has a compelling interest, such as for incidents of harassments or ...
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
National Assessment of Educational Progress (NAEP); State achievement tests are standardized tests.These may be required in American public schools for the schools to receive federal funding, according to the US Public Law 107-110 originally passed as Elementary and Secondary Education Act of 1965, and currently authorized as Every Student Succeeds Act in 2015.
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.
Tinker shared her experience of protesting the Vietnam War by wearing a black armband to school, being suspended for violating an unjust policy, and suing the school district with the help of the ACLU that led to a landmark decision by the U.S. Supreme Court that upheld students’ rights to free speech. [3]