Tinker substantial disruption test

E701351

First Amendment test legal standard student speech doctrine

The Tinker substantial disruption test is a legal standard from U.S. student speech jurisprudence that permits schools to regulate student expression only when it is reasonably forecast to cause a material and substantial disruption to school operations or infringe on the rights of others.

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All labels observed (1)

Label	Occurrences
Tinker substantial disruption test canonical	1

Statements (41)

Predicate	Object
instanceOf	First Amendment test ⓘ legal standard ⓘ student speech doctrine ⓘ
appliedTo	symbolic speech such as armbands ⓘ
appliesTo	K–12 public schools ⓘ public school students ⓘ student speech ⓘ
appliesWhen	student speech is school-sponsored or school-related ⓘ student speech occurs on campus ⓘ
basedOnCase	Tinker v. Des Moines Independent Community School District NERFINISHED ⓘ
category	United States education law NERFINISHED ⓘ United States free speech case law ⓘ
constitutionalBasis	First Amendment to the United States Constitution NERFINISHED ⓘ Free Speech Clause NERFINISHED ⓘ
contrastedWith	Bethel Fraser lewd speech standard ⓘ Hazelwood school-sponsored speech standard NERFINISHED ⓘ Morse v. Frederick drug-advocacy standard NERFINISHED ⓘ
coreRequirement	infringement on the rights of others ⓘ material and substantial disruption to school operations ⓘ
decisionCitation	393 U.S. 503 (1969) ⓘ
doesNotAllow	suppression of speech based on mere desire to avoid controversy ⓘ viewpoint discrimination by school officials ⓘ
influences	lower federal court decisions on student speech ⓘ school district speech policies ⓘ
jurisdiction	United States of America ⓘ surface form: United States
keyConcept	students do not shed their constitutional rights at the schoolhouse gate ⓘ
legalSystem	United States law NERFINISHED ⓘ
limits	school power to censor student speech ⓘ
namedAfter	Tinker family student plaintiffs ⓘ
originatedInCourt	Supreme Court of the United States NERFINISHED ⓘ
protects	student free speech rights ⓘ
requires	more than undifferentiated fear or apprehension of disturbance ⓘ reasonable forecast of disruption ⓘ
requiresShowing	actual disruption or reasonable forecast of substantial disruption ⓘ
scope	non-disruptive political expression is generally protected ⓘ
standardFor	regulation of student expression ⓘ school authority over student speech ⓘ
threshold	substantial interference with the rights of other students ⓘ substantial interference with the work of the school ⓘ
usedIn	student speech litigation ⓘ
yearIntroduced	1969 ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Hazelwood School District v. Kuhlmeier → standardComparedTo → Tinker substantial disruption test ⓘ