US Supreme Court and Student Online Speech

The US Supreme Court recently declined to review two cases that involved the discipline of students based on student speech on the Internet. One appeal came from the 3rd Circuit. In these cases the Appeals Court said that students who ridicule their principals online cannot be disciplined by school officials because the speech occurred off campus and did not "substantially disrupt" the school. It's a reminder that just because we don't like something that a student might say, it doesn't mean that it can be restricted, particularly if it took place off campus and outside of the school day. Another case the Supreme Court declined to hear involved a student who created a MySpace page about another student. In that case, the lower court concluded that the speech was disruptive and upheld discipline of the student.

Together the two cases remind us of the uncertainty about how to respond to student speech on the Internet. It is clear that students' do have free speech rights. Principals must consider where the speech occurred and must be able to demonstrate a disruption to the school environment.