ACLU defends girl's lewd MySpace principal parody - Yahoo! News As a civil libertarian and supporter of student rights, I of course hope that her free speech rights are upheld. However, I genuinely don't know the way this will go. Tinker v. Des Moines certainly upheld student free speech rights and Hustler Magazine v. Falwell clearly establishes protection for parody, but there have always been greater limitations on student constitutional rights, particularly in the way of speech (Bethel v. Fraser, Hazelwood v. Kuhlmeier, Morse v. Frederick, etc.) Tinker v. Des Moines may not even be relevant if they determine that she acted in an entirely non-student capacity, though I do remember a case in which the punishment of a student who shouted a profanity at a teacher outside of school was upheld (though not the name), and they could theoretically claim that this caused a substantial disturbance within the school, thereby interrupting activities there. The fact that her mother opposes the suspension is also important; much of the authority delegated to school officials over students stems from the doctrine that they act in loco parentis (in the place of the parent), and a clear-cut divergence between school administrators and a parent could prove instrumental.