Supreme Court
Quartet: Summary of Holdings
1) Tinker - applies
to student speech in the form of personal political expression.
If Tinker applies, to justify discipline of students
for their expression, the school must show either 1) the student
speech caused actual substantial disruption of school activities
or 2) the school could reasonably forecast that the speech would
cause substantial disruption.
2) Fraser - school
may discipline students for lewd, vulgar, indecent or profane
speech (without showing the speech had any particular impact; in
other words without satisfying Tinker). Under Fraser, the school is
disciplining students for their manner of expression (their
particular word choices) and not based on the underlying message
they sought to communicate. In Morse, the Supreme Court
made clear that speech does not fall within the Fraser
category because it is offensive, but only if it is lewd,
vulgar, indecent, or profane.
3) Kuhlmeier -
school may censor speech that occurs as part of a
school-sponsored expressive activity (speech that will be
perceived as bearing the imprimatur of the school) if its action
is reasonably related to a legitimate educational
objective.
4) Morse - school
may discipline students for speech that occurs during school or
during a school event (even if the event takes place off campus)
if the speech promotes illegal drug use when the school has a
strong antidrug policy (without showing the speech had any
particular impact; in other words without satisfying Tinker). Morse
involved speech at a school event, but not school-sponsored
expression that would be governed by Kuhlmeier.