Can Public Schools Censor or Punish Students On-Campus Speech?
Yes, whether you’re a minor or an adult, in high school or in college. Although the Tinker decision recognized that students have free speech rights on campus, the court also held that your free-speech rights can be limited when the speech “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” This rule is referred to as Tinker’s “material disruption” standard, or the Tinker test. For example, a school can “prohibit the use of vulgar and offensive terms in public discourse” while you are on campus Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) (upholding suspension of a high-school student Matthew Fraser for a student government nomination speech “including the use of obscene, profane language or gestures.”).
