Tinker v. Des Moines Independent Community School District (1969) established that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This means that students have the right to express their opinions, even if those opinions are unpopular or controversial.

However, the Court also held that schools could regulate student speech if it is disruptive or if it interferes with the educational process. For example, schools can prohibit students from wearing clothing with offensive messages or from making disruptive speeches at school assemblies.

In general, schools must balance the rights of students to free speech with the need to maintain discipline in the school. If a school can show that a student’s speech is disruptive or harmful, then the school may be justified in regulating that speech.

Here are some examples of student speech that has been protected by the First Amendment:

• Wearing armbands to protest the Vietnam War
• Distributing political leaflets
• Holding up signs at school assemblies
• Writing op-eds in the school newspaper

Here are some examples of student speech that has been regulated by schools:

• Wearing clothing with offensive messages
• Making disruptive speeches at school assemblies
• Distributing sexually explicit materials
• Threatening violence against other students