The Disappearing Schoolhouse Gate: Applying Tinker in the Internet Age

Abstract

This Comment argues that Internet speech originating off-campus cannot be regulated under the current two-pronged Tinker standard. Rather, this Comment argues that courts should apply only the second Tinker prong (Tinker Two), which will strike the proper balance between student safety and students’ First Amendment rights. Part II provides a detailed look at Tinker and its progeny relating to off-campus student speech. Part III examines the evolving nature of student expression in the Internet age. Part IV details the lower court conflict in applying Supreme Court precedent to cases involving online student speech originating off-campus. Part V argues that the best approach courts can take is to apply only Tinker Two, in effect balancing student safety concerns with First Amendment protections. Part VI concludes.