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Substantial disruption

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(Redirected from Tinker Test) Criterion set forth by the United States Supreme Court

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 (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 requirements of appropriate discipline in the operation of the school," or might it "reasonably have led school authorities to forecast substantial disruption of or material interference with school activities?" The case holds that to justify suppression of speech, school officials would need to show that the conduct in question would "materially and substantially interfere" with the operation of the school.

Notes

  1. Alexander & Alexander 2011, p. 409: In Tinker, the Supreme Court established the “material and substantial disruption” test to protect the freedom of speech and expression in public schools. Here, the Court made it clear that school authorities are not permitted to deny a student ...
  2. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969).

References

U.S. Supreme Court Freedom of Speech Clause case law
First Amendment to the United States Constitution
Unprotected speech
Clear and
present danger

and imminent
lawless action
Defamation and
false speech
Fighting words and
the heckler's veto
True threats and
threatening the
President of the
United States
Obscenity
Speech integral
to criminal conduct
Strict scrutiny
Overbreadth and
Vagueness doctrines
Symbolic speech
versus conduct
Content-based
restrictions
Content-neutral
restrictions
In the
public forum
Designated
public forum
Nonpublic
forum
Compelled speech
Compelled subsidy
of others' speech
Government grants
and subsidies
Government speech
Loyalty oaths
School speech
Public employees
Hatch Act and
similar laws
Licensing and
restriction of speech
Commercial speech
Campaign finance and
political speech
Anonymous speech
State action
Official retaliation
Boycotts
Prisons
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