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Often seen as the analogue in public higher education to Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's decision in Healy v. James (1972) differs in four significant respects. First, the Court had less unanimity in Tinker, where Justice Stewart's concurrence only partially agreed with the majority opinion, and Justices Black and Harlan dissented altogether. Second, perhaps because colleges and universities at the time were, particularly in comparison to elementary and secondary schools, a hotbed of militant demonstrations, the Healy Court was more deferential to the defendant public institutions, leaving the administrators a viable alternative upon remand to sustain their original decision. Third, Tinker relied on First Amendment freedom of expression, while Healy relied more specifically on First Amendment freedom of ...

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