User:Ilena p/sandbox

This is from the Tinker v. Des Moines Independent Community School District article's "Subsequent jurisprudence" section. Although the information and structure of the section is still the same, I rewrote almost all of the sentences to add more information and citations.

Draft
Tinker remains a viable and frequently cited court precedent, and court decisions citing Tinker have both protected and limited the scope of student free speech rights. Tinker was cited in the 1973 court case Papish v. Board of Curators of the University of Missouri, which ruled that the expulsion of a student for distributing a newspaper on campus containing what the school deemed to be "indecent speech" violated the First Amendment. In the 1986 court case Bethel School District v. Fraser, the Supreme Court ruled that a high school student's sexual innuendo-laden speech during a school assembly was not constitutionally protected. The court said the protection of student political speech created in the Tinker case did not extend to vulgar language in a school setting. The court ruled that similar language may be constitutionally protected if used by adults to make a political point, but that those protections did not apply to students in a public school.

Hazelwood v. Kuhlmeier was a 1988 court case where a high school principal blocked the school paper from publishing two articles about divorce and teenage pregnancy. The Supreme Court ruled that schools have the right to regulate the content of non-forum, school-sponsored newspapers under "legitimate pedagogical concerns." The court reasoned that the principal's editorial decision was justified because the paper was a non-public forum since it was school-sponsored and existed as a platform for students in a journalism class. The Court in Hazelwood said that under the doctrine of Perry Education Association v. Perry Local Educators Association, a 1982 court case that clarified the definition of a public forum, a school facility like a newspaper only qualifies as a public forum if school authorities make those facilities available for "indiscriminate use by the general public."

In the 2007 court case Morse v. Frederick, which concerned a student who held up a "Bong Hits 4 Jesus" banner near a school-supervised event, the U.S. Court of Appeals for the Ninth Circuit cited Tinker and ruled that the student's suspension was unconstitutional because he hadn't caused a disturbance. The Supreme Court reversed the decision, ruling that schools may restrict student speech at a school-sponsored event taking place on or off school grounds when that speech is reasonably viewed as promoting illegal drug use.

In 2013, the U.S. Court of Appeals for the Third Circuit re-heard a case en banc that had been argued before a panel of three of its judges, considering whether middle school students could be prohibited from wearing bracelets promoting breast cancer awareness that were imprinted with "I ♥ Boobies! (Keep a Breast)." The Third Circuit cited Tinker when ruling that the school's ban on the bracelets violated the students' right to free speech because the bracelets were not plainly offensive or disruptive. The court also cited Fraser, saying the bracelets were not lewd speech. The Supreme Court later declined to take up the case.

Several cases have arisen from the modern display of the Confederate flag. Courts applying the "disruption" test under Tinker have held that schools may prohibit students from wearing clothing with Confederate symbols. The U.S. Court of Appeals for the Fourth Circuit cited Tinker in the 2013 court case Hardwick v. Heyward to rule that prohibiting a student from wearing Confederate flag shirt did not violate the First Amendment because there was evidence that the shirt could cause disruption. Exceptions to this are the 2010 court case Defoe v. Spiva and the 2000 court case Castorina v. Madison County School Board. The U.S. Court of Appeals for the Sixth Circuit said in Castorina v. Madison County School Board that based on Tinker and other Supreme Court rulings, the school board could not ban Confederate flag t-shirts while other "controversial racial and political symbols" like the "X" symbol associated with Malcolm X and the Black Muslim movement were permitted. In Defoe v. Spiva, the U.S. Court of Appeals for the Sixth Circuit ruled that "racially hostile or contemptuous speech" can be restricted, even if it was not disruptive. This deviated from the Tinker ruling, which said the school's restriction of the Tinkers' speech was unconstitutional because it was not disruptive.

The U.S. Court of Appeals for the Ninth Circuit applied Tinker in February 2014 to rule that a California school did not violate the First Amendment in Dariano v. Morgan Hill Unified School District, where a school banned American flag apparel during a Cinco de Mayo celebration. The school said they had enacted the ban due to a conflict caused by American flag apparel that had occurred at the event the previous year. The Ninth Circuit declined to re-hear the case en banc and the U.S. Supreme Court later declined to review the case.