Section 7.7 Symbolic Speech and Demonstrations

• Library: School Law (2003 Ed. + 2016 Supp)

A. (§7.7) Symbolic Speech and Demonstrations

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), involved symbolic speech in the form of students wearing black armbands to protest the Vietnam War. The Court held that, in order to prohibit the expression of opinion, a school must be able to show that the conduct forbidden would materially and substantially interfere with disciplinary and educational requirements at the school or impinge on the rights of other students. Id. at 509. “[U]ndifferentiated” fear of disturbances was held to not be enough. Id. at 508. Hence, any restrictions on student speech will require school officials, upon challenge, to make a specific showing of constitutionally valid reasons for such restrictions. Id. at 511. The same rule established in Tinker applies with regard to student demonstrations on school premises. It would appear, however, that reasonable time and place requirements may be constitutionally imposed. Rhyne v. Childs, 359 F. Supp. 1085, 1092 (N.D. Fla. 1973), aff’d, Sweet v. Childs, 507 F.2d 675 (5^th Cir. 1975).

In Clayton ex rel. Clayton v. Place, 884 F.2d 376 (8^th Cir. 1989), cert. denied, 494 U.S. 1081 (1990), the Eighth Circuit Court of Appeals held that a policy of a local school board prohibiting school dances was not an unconstitutional establishment of religion. The opinion stated that...