Article:
David A. Diamond, The First Amendment And Public Schools: The Case Against Judicial Interpretation, 59 Texas L. Rev. 3 (1981).
 

Abstract:
Professor Diamond argues that the seminal Supreme Court decision in Tinker v. Des Moines School District, in that it held public school students could not be disciplined for violating school rules for wearing anti-Vietnam War armbands, fundamentally misconceived the nature of the relationships between the 1st Amendment and public schools, between teachers and students and the Constitution, and between the courts and local school administration. His article contends that, in contrast to the conclusion of the court in Tinker, that courts should apply only a limited standard of review to local school administration action: the minimum rationality standard currently applicable to review government activity that does not implicate fundamental rights. Diamond’s argument is two-pronged. He first carefully examines and critiques the analysis of the court in Tinker, taking particular objection to the “substantial disruption standard” employed by the court. He then extends and adds to those criticisms by explaining why courts should apply the deferential minimum rationality standard.