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Court Case Analysis: First Amendment Rights in Schools

Explore a landmark Federal District Court case involving students wearing American flag T-shirts on Cinco de Mayo. Learn about Tinker's precedent on restricting speech in schools, discuss the outcome, and consider implications for your own school.

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Court Case Analysis: First Amendment Rights in Schools

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  1. First night Scenario Nov, 2011 Federal Dist Court in California

  2. 3 students, wearing T-shirts depicting the American flag, were instructed by Asst Principal to remove shirt or turn inside out. • Reason……Cinco de Mayo day was being celebrated

  3. Any idea on landmark Supreme Court case governing this one?

  4. Tinker says, “school officials not required under Tinker to wait until actual disruption has occurred before they can act to restrict speech. Instead, school officials may take action to suppress speech when they can reasonably forecast that the speech will cause disruption.”

  5. Site discussion • So, who do you think won this one? • What if this happened at your school? • Same results? • What about prior restraint?

  6. The Key….. • There was an “ethnically charged atmosphere” in the 1300 Live Oak HS. • 20% student population of ELL • Major race issues in 2009 over similar incident

  7. Strong suggestion…. • Subscribe to NSBA Legal Clips at: http://legalclips.nsba.org/

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