I attended a school law update last week that addressed the issue of student discipline when it involves social media issues that take place outside of the school. Can schools discipline students for internet postings done outside the school walls or is it a violation of their Free Speech rights?
The courts have used a three part test to determine if Facebook or other postings are protected Free Speech or if they cause "Substantial Disruption" at school.
1. Does speech relate to the school? Is the school a target? Is a student, a teacher or a coach a target?
2. Is speech directed to students of that school?
3. Did the speech reach the school? Was it accessed by students, teachers or administrators at the school? Was it foreseeable that it would reach the school?
A threat of violence is generally less likely to be seen as Free Speech.
