News & Analysis as of

Students Social Media First Amendment

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

Franczek P.C. on

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Student Social Media and Free Speech on Campus

Free speech on campus—and off—has become a flashpoint for U.S. colleges and universities. Students’ ability to post their comments and concerns online, to forward messages to others for whom they may not have been intended,...more

Jackson Walker

U.S. Supreme Court Rules High School Cheerleader Cannot Be Disciplined for Criticizing School’s Decision Keeping Her Off Varsity...

Jackson Walker on

For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In a narrow decision issued on June 23, 2021, an 8-1 majority (including all but Justice Clarence Thomas) ruled that...more

Husch Blackwell LLP

Mahanoy Area School District v. B.L. – The Student Free Speech Case Every Public School Administrator Should Know About

Husch Blackwell LLP on

On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching...more

Weber Gallagher Simpson Stapleton Fires &...

Electronic Speech: Can Schools Regulate it?

Over the last 20 years, social media platforms such as Facebook, Twitter, Snapchat, and Instagram have changed the way we connect with friends and family, engage in business, and socialize. As schools increase their use of...more

Franczek P.C.

Supreme Court (Finally) Will Address School Discipline for Off-Campus, Online Student Speech

Franczek P.C. on

In 2017, a high school cheerleader learned she had not made the varsity team and turned to Snapchat. She posted a picture of herself and a friend, middle fingers up, with the text “f— school f— softball f— cheer f—...more

Franczek P.C.

They Said What? First Amendment Issues in 2020

Franczek P.C. on

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

Franczek P.C.

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Fisher Phillips

The New Norm: Responding To White Supremacy In Our Schools

Fisher Phillips on

It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more

Fisher Phillips

#NeverAgain? How Schools Should Respond To Student Protests

Fisher Phillips on

After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more

Haight Brown & Bonesteel LLP

What Schools Can Do About Cyberbullying

Partner Gregory Rolen explores this hot button topic in an article which was originally published in the Daily Journal on May 14, 2018. The article addresses a difficult subject for schools and school administrators who are...more

Seyfarth Shaw LLP

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Pullman & Comley - School Law

Social Media and Student Discipline – Where Are We?

The United States Supreme Court stated nearly 50 years ago that public school students do not shed their rights to free speech at the schoolhouse gate. In Tinker v. Des Moines Indep. Cmty. Sch. Dist., the Court struck down...more

Robinson+Cole Data Privacy + Security Insider

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Poyner Spruill LLP

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

Poyner Spruill LLP on

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

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