Public School Student Speech Cases

I. Tinker

A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the campus during the authorized hours" is protected so long as he does so "without materially and substantially interfering with appropriate discipline in the operation of the school and without colliding with the rights of others."

II. Fraser

1. Perhaps an ad hoc rule denying the right to engage in "profane" and "vulgar" speech
2. More likely a rule governing the school's right to determine "what manner of speech in the classroom or in school assembly is inappropriate" (student speech that is within the curriculum as opposed to personal speech)

III. Hazelwood

"[E]ducators do not offend the First Amendment by exercising control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."

IV. Morse

1. Probably a narrow, ad hoc rule permitting educators "to restrict student expression [at a school event] that [the administrators] reasonably regard as promoting illegal drug use."

2. Alito and Kennedy make clear that they join the opinion with the understanding that "it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as 'the wisdom of the war on drugs or of legalizing marijuana for medicinal use.'"

V. Mahanoy

Student off-campus speech (e.g. on Snapchat or Twitter)

School authorities authority to regulate off-campus student speech is significantly diminished. Parents are the normal parties to deal with off-campus speech. Exception for serious or severe bullying, harassment targeting particular individuals, or threats aimed at teachers or other students.

VI. Forum Cases

Don't forget the forum cases, such as Widmar and Mergens. If a public school creates a forum for student speakers or student groups, forum rules apply and equal access is probably required in most cases.