Originally Posted by DNS
Yes and no. Students most certainly do leave some of their 1A rights at the door. Tinker v. Des Moines was not carte blanche stating schools had no control over any aspect of the 1A. Schools can and do have dress codes, can and do tell students when and where they are allowed to voice themselves and in what manners. Remember that Tinker v. Des Moines allows for free speech so long as it is not disruptive or interfering with the educational process. This is a key caveat.
And just yet, I said that Tinker
had been limited by several ensuing cases. And I said that none of those cases affected what was going on here.
To that proof, I offered not case law, but real life, in the form of many other students wearing the same style of T-Shirts that started this whole thing. A mere 2 days later!
If there was a violation of the dress codes, or if this somehow disrupted the educational process, then each and every kid who wore the shirt, last Monday, was guilty of a criminal violation.
Yet, and still, nothing happened.
You are aware that the "obstruction" charge was dropped? That the only charge still existing is the "Disruption of the Educational Process" charge? That the prosecutor is still debating if that charge even holds water?