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

Tinker v. Des Moines Independent Community School District was a watershed moment involving the First Amendment free speech rights of students in American public schools. In Tinker, 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 Tinker and other Supreme Court precedent on student expressive activity plus illustrative lower court cases before examining Levy v. Mahanoy Area School District. In Levy, 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.

5. Cyber-speech

This chapter examines cyber-speech and its implications for free expression. It first provides an overview of the technologies involved, from simple systems such as web pages and internet forums to social media platforms (SMPs) such as blogs, social media platforms, and media-sharing sites. The chapter then highlights the social implications of the shift in power from centralized media organizations to decentralized ‘citizen journalism’. It also considers the responsibilities that citizens owe to each other in this environment and how regulators may balance freedom of expression with social responsibility. To determine whose values predominate when regulating a global media tool which does not recognize traditional borders, the chapter presents three particular case studies: political speech, hate speech, and commercial speech.