Tinker Abstract In this article, I consider how the Supreme Court of the United States has applied the standard adopted by Tinker, whether teachers can constitutionally restrict the student's freedom of speech, to later cases. Especially, I refer to three cases in which the Supreme Court applied that standard in the 1980's. It the Pico case at 1982, plurality opinion of the judges decided that removal of certain books from school libraries by the board of education was unconstitutional because the special characteristics of the school library made it s environment especially appropriate for the students to recognize their First Amendment rights. As to matters of curriculum, instead, discretion was recognized broadly to accomplish the duty of inculcating community values upon students. In Fraser at 1986, the regulation by school officials concerning obscene speech of student at the assembly as a curriculum was judged constitutional because the school mission of education could be violated if it was permitted. The Hazelwood judgment in 1988 was a crucial shift. Opinion of the court distinguished the speech, which is the personal expression of the student in the Tinker case, and the school sponsored speech. And a passive jurisdiction rule was applied to the latter one so as to allow the school officials to exercise extended authority. Through the consideration of these judgments, then, I present the conclusion that the purpose of the public education which the Supreme Court of the United States has set up, is consistently based on "Civil Education". Tinker 1 4 Tinker 20 2 80 1 Pico 1982-89 -
2 Fraser 1986 3 Hazelwood 1988 4 2. Tinker 60 80 (1) Pico 1) 1982 1979 Ambach 2) 3) Tinker 80 9 9 7 Brennan plurality opinion 4) - 90 -
5) Tinker Shelton Keyishian 6) 7) Burger Rehnquist Brennan Ambach - 91 -
(2) Fraser 8) 1986 Pico Pico 600 14 Burger Tinker passive expression 9) 10) 600 10 14 Fraser Tinker Tinker educational mission - 92 -
Brennan civil and effective public discourse educational mission 11) Brennan Tinker 12) Brennan (3) Hazelwood 13) 1988 Ambach Pico Fraser Hazelwood - 93 -
2 White Tinker 14) 15) 16) 17) Fraser Brennan - 94 -
enclaves of totalitarianism 18) Tinker 19) Ambach Hazelwood 20) 21) (4) Pico Brennan Fraser Tinker Tinker Fraser Hazelwood - 95 -
Ingber 22) Tinker - 96 -
Tinker 23) 24) 25) 10 26) 94.3 1988 Pico - 97 -
27) 28) 29) Board of Education, Island Trees Union Free School District. No.26 v. Steven A. Pico, 457 U.S. 853 (1982). Ambach v. Norwick, 441 U.S. 68 (1979). 1998 138-139 140 Pico, at 868. Id. at 869. See, Robert Wheeler Lane, Beyond the Schoolhouse Gate, Temple University Press (1995), at 130-154 (Chapter 7). Bethel School District No.403 v. Fraser, 478 U.S. 675 (1986). Id. at 683. Ibid. Id. at 688-689. Marshall Tinker Id. at 690. Hazelwood School District v. Cathy Kuhlmeier, 484 U.S. 260 (1988). Id. at 271. Id. at 272. Id. at 273. 145 Id. at 280. Id. at 283-284. Id. at 273. Ibid. Stanley Ingber, Liberty and Authority: Two Facets of the Inculcation of Virtue, 69 St. John s Law Review 421, at 443-446 (1995) 1978 196 21 2001 15 30 2001 66 1998-98 -
1991 11-12 79 1990 59 73 4 2001 1 73 12 2001 5-99 -