First Amendment School Speech: Racial Justice Amicus and Appellate Strategies

Disparate Impact Arguments related to School Speech


Our brief argued that allowing schools to regulate off-campus student speech would exacerbate existing disparities for students of color, students with disabilities, and students who identify as LGBTQ+, who are already disproportionately and excessively targeted by school discipline. We further argued that the vague and subjective Tinker First Amendment standard, which holds that students’ free speech rights shall not be infringed unless speech would “materially and substantially disrupt” school activities, is itself subject to racially biased implementation.