A Reexamination of the Tinker Standard: Freedom of Speech in Public Schools
A Reexamination of the Tinker Standard: Freedom of Speech in Public Schools
Jerico Lavarias, 35 Hastings Const. L.Q. 575 (2008)
The protections given to individuals that are enshrined in the First Amendment are at the heart of American democracy. By invoking one’s right to engage in free speech, an individual actively participates in the marketplace of ideas, and can thereby potentially change social institutions by influencing peoples’ notions on certain topics. The question of whether homosexuality is a sin has been, especially in the last decade, at the center of public discourse. According to Romans 1:27, people who practice any Christian religion would strongly answer in the affirmative to this question. However, we live in modern times where the right to freedom of speech and enjoyment of civil liberties are arguably at their height. As such, contrary to religious conclusions many positive viewpoints have arisen on the practice of homosexuality. In addition, one could argue that homosexuality has been accepted by the majority of people, or at the very least is tolerated. For example, in Lawrence v. Texas the Supreme Court invalidated a Texas law prohibiting consensual sexual acts between same sex adults. Thus the Court altered its jurisprudence with respect to gay relations. The Court afforded homosexual relations more privacy rights vis-à-vis federal and state restrictions on such acts. In some countries, such as the Netherlands and Canada, gay marriage has been a legal right granted to gay and lesbian citizens. Yet the debate continues. Pursuant to the very purpose of the First Amendment, to protect and promote debate, every adult in this country is entitled to his or her own viewpoint on this issue.