Masks and COVID-19

Introduction

During the Covid-19 pandemic, some students were subjected to school punishment due to their actions on school grounds. One student was suspended after posting a photo of a hallway full of students not wearing masks in his school. The school defended the action by stating that students were not allowed to use social media during school time or video minors without their consent. Another set of students at the University of Massachusetts Amherst were suspended after photos emerged of them attending an off-campus party during the pandemic. The group of three honors students lost an entire semester of schooling due to another student sending those images to the university faculty. Free speech, freedom of expression, and freedom of association are constantly tested through the control of school officials. Tinker v. Des Moines is foundational for interpreting the lengths to which schools can limit their students' speech.

Many argued that mask mandates protect students and teachers at risk of Covid-19 exposure. In contrast, others argued that these mandates were unnecessary due to low Covid-19 fatalities in young children and the prevalence of vaccines. Increasingly refusing to wear a mask became a political symbol for those who saw the mandates as the government overstepping its boundaries. In one instance, three children were suspended from their school for refusing to wear masks in compliance with Illinois mask mandates.

1. How would the Tinker Test apply to mask mandates?
2. Is not wearing a mask a form of political speech? Why or why not?
3. Should a student be suspended for posting videos of other students without their consent?