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Ms. Toad

(38,598 posts)
10. Tell that to Tinker v. Des Moines Independent Community School District
Mon Oct 6, 2014, 11:16 AM
Oct 2014
First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years.


Since that ruling was in 1969, make that 95 years that schools are, in fact, limited free speech zones.

The question is where you draw the line between speech which disrupts education enough that it is permissible to restrict it. Certainly teaching math in history class to the exclusion of history would be disruptive - although since I taught English (reading and writing) in my math class even that example does not have bright line rules. Personal bible in a desk drawer? On the desk? Cross worn as a necklace? Angel pin? Posters on the wall? (And it doesn't have to be religious examples. You can walk through the same exercise with political beliefs, or most anything else.)

(The Tinker case, in case you aren't familiar with it, is the one which allowed the Tinker children to wear black armbands protesting the war in Vietnam.)

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Thank dawg! giftedgirl77 Oct 2014 #1
+1, gifted girl! Cha Oct 2014 #45
religion should be taught in Sunday school not in public school. notadmblnd Oct 2014 #2
Zing shenmue Oct 2014 #4
It is what my minister dad always said dbackjon Oct 2014 #21
Yep, and if christians don't agree... awoke_in_2003 Oct 2014 #43
Wow! That's amazing. Good! n/t leftyladyfrommo Oct 2014 #3
Christian version of ISIL cosmicone Oct 2014 #5
Not even remotely equivalent. FlatStanley Oct 2014 #22
The classroom is not a "free speech" zone...it's work. CincyDem Oct 2014 #6
he could start his own school rurallib Oct 2014 #8
Unfortunately, there's too much competition in that market already ! n/t CincyDem Oct 2014 #9
They're called Charter Schools FlatStanley Oct 2014 #23
Tell that to Tinker v. Des Moines Independent Community School District Ms. Toad Oct 2014 #10
I'll disagree slightly. Feral Child Oct 2014 #12
There really isn't a priority within the first amendment. Ms. Toad Oct 2014 #24
I can't argue with your post. Feral Child Oct 2014 #35
Those are good points... bluesbassman Oct 2014 #18
LOL. 2+2=5 is exactly the kind of math some of them want to teach. Rozlee Oct 2014 #28
Exactly. I was a Federal employee for years... you're right of free speech Adrahil Oct 2014 #54
Wow, SCOTUS is 2 for 2 for the good today. maddogesq Oct 2014 #7
When the SC refuses to hear a case they do not release the numbers. former9thward Oct 2014 #14
thanks. maddogesq Oct 2014 #44
Wow... SoapBox Oct 2014 #11
I'm very pleased with this decision. Feral Child Oct 2014 #13
I'm actually surprised at this decision. calimary Oct 2014 #15
Same here. Feral Child Oct 2014 #20
Actually, there was a Supreme Court case on the teaching of creationism in public schools Fortinbras Armstrong Oct 2014 #38
Fair enough, but the Supreme Court ruled decades ago FOR a woman's right to choose calimary Oct 2014 #39
No big corporate money directly at stake. Orsino Oct 2014 #40
He was not fired for teaching Creationism. former9thward Oct 2014 #16
I'm corrected. Feral Child Oct 2014 #19
As a representative of the State, he appeared to be violating the Establishment Clause RufusTFirefly Oct 2014 #31
Reading the actual news story I don't think the Establishement clause was part of it. former9thward Oct 2014 #33
He did a lot more than that, actually. I've followed this case for years. yardwork Oct 2014 #47
His ass should have been fired years ago Botany Oct 2014 #51
What a douche. progressoid Oct 2014 #17
I will second that Gelliebeans Oct 2014 #37
This message was self-deleted by its author trusty elf Oct 2014 #25
I think that Science Teachers should teach Science. NutmegYankee Oct 2014 #26
This message was self-deleted by its author OldRedneck Oct 2014 #27
I'm confused. Of course, it's the right decision. But what about valerief Oct 2014 #29
The OP is misleading. former9thward Oct 2014 #32
The Ohio 4 to 3 is razor close to me. It should have been unanimous. valerief Oct 2014 #34
No religion in Public Schools HockeyMom Oct 2014 #30
All of it Scairp Oct 2014 #42
Thankfully Gelliebeans Oct 2014 #36
Another Mount Vernon Scairp Oct 2014 #41
It would be nice to finally stop hearing from this guy. mwb970 Oct 2014 #46
Curious if the Repukes are crying victim about this IkeRepublican Oct 2014 #48
If I was looking in the dictionary... HoosierCowboy Oct 2014 #49
Creationism is not a "theory." It's a mythology. True Blue Door Oct 2014 #50
That's the face of a smug jackass. nt wolfie001 Oct 2014 #52
Good! gopiscrap Oct 2014 #53
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