This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a “substantial disruption” has occurred, as well as eliminate the need for courts to define ambiguous terms.
Note, Tweaking Tinker: Redefining an Outdated Standard for the Internet Era , 59 Clev. St. L. Rev. 773 (2011)