The U.S. Supreme Court passed on a chance to extend student free speech in the social media. They let stand a 2016 Eighth Circuit Appeals Court ruling that backed the expulsion of a nursing student who said on Facebook that a classmate was a “stupid bitch.” The SPLC opposed the appeals court ruling for its failure to consider the lack of due process and whether the speech was disruptive in the classroom. (Student Press Law Center, April 4, 2017, by Conner Mitchell)
The First Amendment Center’s David L. Hudson, Jr. criticized the Eighth Circuit Court opinion for relying on U.S. Supreme Court decision Hazelwood v. Kuhlmeier that allows censorship if it serves “legitimate pedagogical concerns.” The case applied to high school students and Hudson said, “College students should not be subjected to the lower level of free speech protections afforded high school students.” He also testified that universities should not be allowed to establish a new unprotected category of unprotected free speech, “unprofessional speech.” (Testimony from David L. Hudson, Jr. before a subcommittee of the U.S. House of Representatives Judiciary Committee, April 4, 2017)