By seeking to purge children from the internet, conservative lawmakers are denying young people the right to expression, speech, and creativity.
Stripping them of their right to speak out on platforms, often about issues that impact them directly, runs counter to decades of precedent for young people.
Young people had their earliest First Amendment victory in Tinker v. Des Moines , when siblings Mary Beth and John Tinker, who had been expelled for their silent protest of the Vietnam War, argued that their rights to free speech did not end at the entrance of their public school. The Supreme Court agreed. Subsequent decisions, Hazelwood v. Kuhlmeier and Morse v. Frederick , upheld Tinker’s basic ruling, while carving out caveats in favor of school administrators.
Then came the memorably named “Cursing Cheerleader” case, Mahanoy Area School District v. B.L. After a student recorded and uploaded a Snapchat story featuring a caption cursing and criticizing her high school, school administrators suspended her from the junior varsity cheerleading team. The case asked the Court if Tinker applied to a student’s social media post. With an 8-1 decision, the Court found that it did.
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