Summary: First Amendment Violation

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The image of the gun on the front of the shirt worn by Elizabeth constituted a violent image, which had the potential to cause a material and substantial disruption in the school. Tinker held, there must be evidence of a potential for a material or substantial disruption in order for a First Amendment violation to not occur. Tinker, 393 U.S. 503, 511 (1969). Lincoln Heights teaches many students all with diverse backgrounds. There are avid hunters, in addition to some families that depend on hunting for their basic food needs. R-49. Furthermore many students have parents who work in the gun industry. Id. These students and their families rely on the gun industry for day-to-day life. Id. Also, during the poetry slam, which Elizabeth was …show more content…
Baker acted reasonably in forecasting a substantial disruption of or material interference with school activities See, Cuff v. Valley Cent. Sch. Dist., 677 F.3d 109, 114 (2nd Cir. 2012) (holding that school officials could reasonably conclude that a student’s drawing would substantially disrupt the school environment). There are a few more reasons why Ms. Baker could envision a potential for a material or substantial disruption, in addition to the other previously mentioned. First, Ms. Baker only ended up in the courtyard because she could hear the poetry slam from down the hallway. R-52. If she could hear them, then other students might also hear, and be drawn into the courtyard as well. Secondly, the children, who attend this school, are as young as thirteen, and they might become upset due the image on the shirt or the words that were being chanted by the students. R-53. Thirdly, Ms. Baker was aware of a math class being taught near the courtyard. R-52. Since Ms. Baker could hear the chanting from down the hall she could conclude that a nearby classroom would also hear the chanting. Finally, the impact of the mass shootings at Sandy Hook had on the community. R-48. This shooting touched the lives of many people in Connecticut and hearing what the students were chanting may, as Ms. Baker feared, start a riot. Other courts have put more weight in the school setting depending on the history, or the location of the school.
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