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guy44 · 08-02-2006, 04:41 PM

Actually, I remember studying Tinker pretty well, and if I'm correct, this case basically rests upon the "disruption" line of argument. The reality is, a shirt promoting tolerance (i.e., Hate Free Environment, or something) or proclaiming one's homosexuality (i.e., We're Here and We're Queer, or something, although that slogan is so 1990...) almost certainly don't qualify as disruptive. But hate speech like that shirt would qualify without a doubt.

And make no mistake - the 9th was correct. That shirt is no different than one saying “Hide Your Sisters — The Blacks Are Coming.” That's hateful and without a doubt disruptive.

By the way, I'm not necessarily making the argument that the Tinker decision is adequate to protect student civil rights. I'm just saying, under Tinker, this decision was correctly decided.

08-02-2006, 04:41 PM	#14 (permalink)
guy44 Somnabulist Location: corner of No and Where	Actually, I remember studying Tinker pretty well, and if I'm correct, this case basically rests upon the "disruption" line of argument. The reality is, a shirt promoting tolerance (i.e., Hate Free Environment, or something) or proclaiming one's homosexuality (i.e., We're Here and We're Queer, or something, although that slogan is so 1990...) almost certainly don't qualify as disruptive. But hate speech like that shirt would qualify without a doubt. And make no mistake - the 9th was correct. That shirt is no different than one saying “Hide Your Sisters — The Blacks Are Coming.” That's hateful and without a doubt disruptive. By the way, I'm not necessarily making the argument that the Tinker decision is adequate to protect student civil rights. I'm just saying, under Tinker, this decision was correctly decided. __________________ "You have reached Ritual Sacrifice. For goats press one, or say 'goats.'"