California high school: Federal court finds off-campus racist speech subject to school discipline

A federal district judge backed the Albany Unified School District finding that they acted legally in disciplining students over a racist Instagram of a coach and fellow students. The judge acknowledged the students’ free speech rights but found that the posts were “school speech” so fell outside the protections. The students involved sued the district for violating their First Amendment rights especially since the speech was not on school grounds or related to school activities. (Courthouse News Service, November 30, 2017, by Maria Dinzeo)

The judge issued a restraining order last May blocking expulsion of one student and suspension proceedings against others. The March Instagram postings were aimed at mostly students of color and at a black basketball coach. The postings depicted the coach and students with nooses around their necks and pictures of apes sitting side-by-side with the girls. (East Bay Times, May 26, 2017, by Joyce Tsai)