NSBA Legal Clips
Archived entries for Tinker

Ninth Circuit upholds ban of American flag t-shirt during Cinco de Mayo day

Ninth Circuit upholds ban of American flag t-shirt during Cinco de Mayo day.

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California district threatened with suit for refusing to allow elementary student to distribute candy canes with religious message

A California school district is being threatened with a lawsuit over the school district’s refusal to allow an elementary school student to distribute candy canes containing a religious message to classmates.

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Ninth Circuit hears arguments in suit challenging school’s ban on American flag T-shirts on Cinco de Mayo

The Ninth Circuit hears oral argument in a suit over whether California high school officials violated the free speech rights of students when they ordered the students to turn their American-flag adorned shirts inside out during a Cinco de Mayo celebration.

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Ninth Circuit applies Tinker to off-campus online threat of school violence, upholds expulsion

Wynar v. Douglas Cnty. Sch. Dist., No. 11-17127 (9th Cir. Aug. 29, 2013) Abstract: A U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV. AK, HI, GU, MP) three-judge panel upheld the expulsion a Nevada high school student for off-campus comments made on online about carrying out a violent […]

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Federal court rules Michigan teacher’s discipline of student for anti-gay remarks violated the student’s free speech rights

A Michigan federal district court has ruled that a high school teacher who removed a student from class for a making religious-based anti-gay comment during a classroom discussion about bullying violated the student’s First Amendment right to freedom of speech.

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Federal appeals court upholds New Mexico district’s ban on student distribution of rubber doll fetuses

The U.S. Court of Appeals for the Tenth Circuit ruled that a New Mexico school district’s decision to ban students from distributing rubber doll fetuses on campus as part of the students’ anti-abortion activities did not violate the students’ First Amendment free speech or free exercise of religion rights, or their Fourteenth Amendment equal protection rights.

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Federal appeals court upholds school ban on Confederate flag and other protest shirts

The Fourth Circuit Court of Appeals has ruled that a school district did not violate a student’s constitutional rights by prohibiting her from wearing a T-shirt depicting the Confederate flag and other protest shirts in school.

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Federal appellate court upholds injunction permitting distribution of Pennsylvania student’s Christmas party invitation

A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that a Pennsylvania elementary school student is entitled to a preliminary injunction barring a school district from enforcing its materials distribution policy that prohibits the student from distributing to classmates flyers produced by a local church promoting a Christmas party.

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New York appeals court rules district’s suspension of student for threat to blow up school did not violate free speech rights

A New York state appellate court has ruled that a school district’s decision to suspend a student for threatening to blow up a school was neither arbitrary and capricious, nor did it violate the student’s free speech rights.

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Federal appellate court hears arguments about Pennsylvania district’s refusal to allow student to pass out invitations to birthday party at local church

The Pittsburgh Post-Gazette reports that a three-judge panel of the Third Circuit U.S. Court of Appeals has heard arguments in a suit stemming from a Pennsylvania school district barring a student from passing out invitations to a birthday party that took place at her church.

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