The U.S. Supreme Court has a chance to clarify students’ First Amendment rights regarding off-campus online speech as yet unresolved after a number of lower court decisions. In 2011 a Mississippi high school students was suspended for a rap done off campus and posted as a video on Facebook and YouTube. The posting criticized two male teachers for allegedly sexually harassing female students. The Fifth Circuit upheld the suspension as a disruption at school but a dissenting judge said the student should be treated as a whistleblower and protected for his off-campus speech on a matter of public concern. The student has asked to Supreme Court to hear his appeal. (The Conversation, January 12, 2016, by Clay Calvert of the University of Florida)
Cyberbullying complicates the issue as many school principals feel obligated to restrict off-campus student speech that harasses other students. Authorities in Beverly Hills, California suspended a student for posting a video of his friends ridiculing another student and justified the suspension since they had to deal with the parents of the aggrieved student and waste student class time investigating the issue. (The Dallas News, April 27, 2015, by Julieta Chiquillo)
A survey by The Newseum Institute showed widespread support for student off-campus speech. Sixty percent agreed with the statement, “Students should be allowed to express their opinions about school administration without threat of being punished.” (The Newseum Institute, July 3, 2015, by David L. Hudson Jr.)