The Basic Logic of Post-Tinker Jurisprudence

Wright, R. George

Journal: Cardozo Law Review de•novo

Volume: 2014

First Page: 138

Year: 2014

Bluebook Citation: 2014 CARDOZO L. REV. DE NOVO 138 (2014)

Author: R. George Wright: all 93 publications


Abstract

Tinker v. Des Moines Independent Community School District is rightly regarded as a landmark student speech case. At this point, however, it is fair and important to ask about the likely consequences of radically abandoning Tinker and the succeeding case law. What might it mean, at this historical point, to abandon Tinker along with its qualifying and limiting cases? The discussion briefly pursues this question and endorses a radical abandonment of Tinker and the succeeding cases as binding case law.

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