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Tinker and Viewpoint Discrimination

By Alliance Alert

SSRN: "This article attempts to clarify the emerging debate about the permissibility of viewpoint discrimination under Tinker and proposes modifications to the Tinker framework that would enable courts to deal more fruitfully with charges that school officials have imposed viewpoint-based restrictions on student speech. Specifically, I argue that Tinker should be read to require that school speech restrictions be narrowly tailored to the ends of preventing substantial disruption to the work of the school and preventing interference with the rights of others."

Full post as published by Constitutionally Correct on July 01, 2009 (boomark / email).