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Question 155 points Which statement is true? Check all that apply. sELECT all that apply Colleges and universities use the Tinker Test for their discipline policies. The Tinker Test is continuing to evolve as more and more forms of online speech develop. When a school's dress code prohibits clothing with inappropriate messages, then that policy has passed the Tinker Test. The results of the Tinker Test are often seen in student handbooks or discipline policies.

Ask by Gordon Moreno. in the United States
Mar 11,2025

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The true statements are: 2. The Tinker Test is evolving with new forms of online speech. 4. The Tinker Test is often included in student handbooks and discipline policies.

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1. The Tinker case was decided in 1969 for K–12 settings. Its principles are generally applied to public schools’ restrictions on student expression, not to colleges or universities. College policies usually must conform to broader First Amendment principles, so statement 1 is false. 2. As new forms of digital and online communication emerge, legal challenges involving student speech online continue to test the boundaries set by Tinker. Courts are considering whether the original rationale of Tinker applies in these contexts, so statement 2 is true. 3. The Tinker test permits schools to restrict student expression only if it would “materially and substantially disrupt” school activities. A blanket prohibition in a dress code on clothing with “inappropriate messages” does not automatically meet that standard unless it can be shown that the messages would cause a disruption. Therefore, statement 3 is not necessarily true. 4. Many school discipline policies and student handbooks include language or guidelines influenced by the Tinker decision. These policies often refer to or are interpreted through the lens of Tinker, making statement 4 true. Thus, the true statements are 2 and 4.

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The Tinker Test, originating from the 1969 Supreme Court case Tinker v. Des Moines, is a standard used to determine if a school's actions interfere with student free speech. Schools can limit speech if it substantially disrupts the educational process or infringes on the rights of others. As online speech grows, this test is indeed adapting to address new challenges, showcasing how legal principles can evolve with the digital age. Regarding dress codes, a school’s dress code may indeed reflect the principles established by the Tinker Test. If the dress code specifically aims to prevent disruptions or maintain an appropriate educational environment by banning inappropriate messages, it can be seen as aligned with the Tinker standard. Therefore, schools often articulate these policies in their student handbooks to clearly outline acceptable and unacceptable forms of expression.

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