QUEsTION 192 polnts Can It Pass the Test? The Tinker Test says schools can't restrict student speech unless it (1) disrupts learning or (2) violates another student's rights. Use the Tinker Test and identify the correct response to the situation. A student places a political sticker on the outside of her locker that says a particular ethnic group is dangerous. sELECT AN answEr Restrict - It disrupts learning. Restrict - It violates another student's rights. Don't restrict - It's freedom of speech.
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The Tinker Test, originating from the landmark Supreme Court case Tinker v. Des Moines Independent Community School District (1969), established that students do not lose their First Amendment rights at the school gate. However, if the speech in question causes significant disruption or infringes on the rights of others, schools can step in. In this situation, the political sticker could be considered a violation of another student's rights, especially if it fosters a hostile environment based on ethnicity. While the First Amendment protects freedom of speech, it has limitations in schools. Placing a sticker that labels an ethnic group as dangerous might incite hostility and potentially disrupt the learning environment. Therefore, the correct response is to restrict, as it violates another student's rights.