Student Speech and Social Media: The Supreme Court Finally Enters the Fray

• Main Author: Charles J. Russo
• Format: Article
• Language: English
• Published: MDPI AG 2021-03-01
• Series: Laws
• Subjects: student speech; First Amendment; social media
• Online Access: https://www.mdpi.com/2075-471X/10/2/19

<i>Tinker v. Des Moines Independent Community School District</i> was a watershed moment involving the First Amendment free speech rights of students in American public schools. In <i>Tinker</i>, the Supreme Court affirmed that absent a reasonable forecast of material and substantial disruption, educators could not discipline students who wore black arm bands to school protesting American military action in Viet Nam. Not surprisingly, litigation continues on the boundaries of student speech, coupled with the extent to which educators can limit expression on the internet, especially social media. As the Justices finally entered the fray over cyber speech, this three-part article begins by reviewing <i>Tinker</i> and other Supreme Court precedent on student expressive activity plus illustrative lower court cases before examining <i>Levy v. Mahanoy Area School District</i>. In <i>Levy</i>, the Court will consider whether educators could discipline a cheerleader, a student engaged in an extracurricular activity, who violated team rules by posting inappropriate off-campus messages on Snapchat. The article then offers policy suggestions for lawyers and educators when working with speech codes applicable to student use of the internet and social media by pupils involved in extracurricular activities.