Once again, I am not watching the Super Bowl game. My excuse this year is that I am studying for my First Amendment law final. I am cementing in my head the concepts behind student expression et al: the Tinker test, the Fraser test, etc.
The Tinker test states:
--"School officials can censor student expression only if they can reasonably forecast that the expression "materially disrupts classwork or involves substantial disorder or invasion of the rights of others."
The Fraser test states:
--"School officials can regulate student speech if vulgar, lewd, or plainly offensive."
The Hazlewood standard:
--"Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."
Bong Hits for Jesus exception (from Morse v. Frederick) to the above trilogy:
--Schools can "restrict student expression that they reasonably regard as promoting illegal drug use."
I am taking a break and watching the halftime show--Tom Petty. He is great--I have seen him in concert before. So far, no displays of lewd, vulgar, or plainly offensive actions, like some claimed in previous halftime shows. So, if this were in the student realm, it would pass Fraser!
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