Student Speech Rights and the Special Characteristics of the School Environment

Abstract

Since the Tinker decision, the Supreme Court has maintained that student First Amendment rights are modified by the “special characteristics of the school environment.” The nature of these characteristics, however, has not been adequately investigated. The author proposes seven characteristics of schools that are relevant to speech rights: (a) the age of students, (b) attendance requirements, (c) multiple school constituencies, (d) heightened safety considerations, (e) the need for public accountability, (f) the school-associated nature of much student speech, and (g) the need to promote educational goals. A preliminary examination of these characteristics leads to a complex picture of student rights. In the face of such complexity, the author proposes that if speech rights are to be limited because of educational concerns, they must be limited in a way that is itself educational.