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Social Media Student Speech
- 1. Social Media and Student Speech: An Analysis of Online Free Speech Protections for Students BY KATIE ZIMMERER
- 2. Brief History Tinker v. Des Moines Independent Community School District (1969) Bethel School District v. Fraser (1986)
- 3. Recent Case Law Bell v. Itawamba County School Board (2015)- school board took disciplinary action against a high-school student for creating an innapropriate rap song off campus and without the use of school resources Tatro v. University of Minnesota (2012)- Amanda Tatro posted statements on Facebook which she has described in court filings as “satirical commentary and violent fantasy about her school experience.” RL v. Central York School District (2016)- R.L. published a post on his Facebook page around 11:30 a.m. which read: "Plot twist, bomb isn't found and goes off tomorrow.” U.S. District Judge John E. Jones III decided that the student’s post was unprotected by the First Amendment Johnson v. Cache County School District (2018)-on behalf of his minor daughter, S.J., who was dismissed from her high school cheerleading squad, Corey Johnson brought this civil rights action against Cache County School District.
- 4. Law Review According to Sternberg (2014), it is a basic principle of our society that public education should teach children about the freedoms that the Constitution gives to the people. In Weeks (2012), the author says the internet is one of the most important channels for the exchange of views, revolutionizing the means for citizens to communicate, debate, and engage with one another. According to Holden (2018), the U.S. Supreme Court since October 2011 has at least four times denied certiorari in cases implicating the question: Can public primary and secondary schools exert disciplinary authority consistent with the First Amendment over student cyberspeech? In Ferry (2018), the author discusses when students’ free speech cases make it to court, there is little guidance as to how they should be interpreted and what precedent, if any, should apply to the off-campus speech.
- 5. Conclusion Based on the Supreme Court’s student free speech philosophy, school districts may restrict student speech when the speech causes a material and substantial disruption at school or poses a foreseeable risk of serious disruption to the learning environment. Until now, the Supreme Court has offered little guidance on the issue of First Amendment protection for social media. Now they have begun to tackle the issue with more directness and deeper analysis. More than ever before, it is crucial that educators know how the Constitution applies to student expression.