Webinar Recap: How a June Supreme Court ruling affects school social media policies
On June 23, 2021, the Supreme Court ruled in favor of a high school cheerleader whose school punished her for an inappropriate Snapchat message. Understandably, the school was concerned about its reputation. But, the student also has a right to express their frustrations online or off. So, how can educators empower students with healthier ways to use social media to communicate their feelings that won’t reflect poorly on the student or the school?
To answer this question, Dr. William Koski, an accomplished clinical teacher, litigator, and the founder and director of the Stanford Law School’s Youth and Education Law Project, recently presented with The Social Institute about exploring June’s Supreme Court ruling, and how it affects schools’ social media policies. During the presentation, Dr. Koski provided practical ways to help students balance their negative emotions with strong coping skills.
Through this webinar, attendees learned:
- How to balance what schools can and cannot monitor
- Addressed why it is important for schools to proactively coach their students to use social media and tech in positive ways
- Provided tools that educators can use to teach students how to express themselves in both positive and negative situations
Setting a Legal Precedent
The most recent social media case impacting schools goes back to a high school freshman who tried out for a varsity cheer team in a school district in Pennsylvania. After not getting picked for the squad, she and a friend blew off steam away from campus via a social media app using vulgar language and expression.
The student was then punished and suspended from the J.V. cheer team for the rest of the year, making a federal case out of it. This case made an impact, forming the question of whether or not public schools have the ability to regulate off-campus speech. Outside schools, whether on Snapchat, Instagram, or other social media, can students post and share whatever they want?
Three other cases come to mind and provide context and precedent to this case:
- In the Tinker v. Des Moines Independent Community School District, during the Vietnam War students wore black bracelets in a silent protest to school. The Supreme Court ruled that “neither students nor teachers shed constitutional rights to freedom of speech or expression at the schoolhouse gate.” This meant that school officials could not prohibit speech only on suspicion that speech would disrupt learning environments.
- The second case involving free speech involved a school assembly in which a student was suspended for speaking in vulgar metaphors. In this case, it was ruled that schools can regulate indecent and lewd expression and speech inside of school grounds.
- A student at a parade rolled out a banner with vulgar language, and the Supreme court said it was fair for the school to suspend the student as drugs were mentioned.
Before June’s Supreme Court Ruling, there was not much precedent that surrounded free speech off-campus and online, making this case unique.
Regulating Student Speech On-Campus vs. Off-Campus
Social media is all around us. The good news? Students have the ability to connect on and off campus with friends, stay up to date on current events, and see the positive effects that social media has on their community. With that, the boundaries between on-campus and off-campus are blurred. So, over the years, how have schools’ ability to regulate student speech changed?
One example is that independent schools are not government institutions, but public schools are. Public schools must uphold the first amendment and cannot censor what may be considered free expression. Independent schools however have much more flexibility.
According to Justice Alito on the B.L. Case, “Suppose that B.L. had been enrolled in a private school and did exactly what she did in this case. Then, the commonwealth of Pennsylvania would have had no legal basis to punish her and almost certainly would not have even tried.”
Two major things happened from June’s court case:
- The court said that schools have the authority to regulate off-campus speech, but the right is limited.
- Bullying, racially charged comments, or statements perceived as threats are what administrators can go after.
Important Takeaways on Student Social Media Use
Social media has become a center for civil discourse and a place students and adults go to express themselves and share ideas. Educators find themselves engaging students on social media and watching students use their voices for good. Students find themselves being monitored by educators and parents. Social media has impacted the way students interact with adults – changing relationship dynamics, opening up access to information, and creating an opportunity to impact your future through your online presence. With this open channel, it’s important for students to remember to watch out for what they say online – whether they are in an independent school or public school, as schools can monitor speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” We can all play a part in ensuring social media is a place for positive self-expression.
For more information on June’s Supreme Court Ruling, contact The Social Institute for updates on LIVE Lessons that can help schools discuss free speech in the classroom and ways to access that lesson.
You can also check out our other past recorded webinars or upcoming webinars featuring guest thought leaders and updated research and insights.
About The Social Institute
The Social Institute partners with schools nationwide to empower students, families, and educators to positively navigate social-emotional health, social media, and technology. Schools access our student-respected, turnkey curriculum through WinAtSocial.com, an interactive, gamified learning platform. With solutions for students, parents, and educators, we offer a systemic and comprehensive SEL program through a unique and positive approach. We are proud to serve public and independent partners such as Ravenscroft School, Woodward Academy, Oldfields School, All Saints Episcopal School, Lake Forest School District, Boston Public Schools, and more. For more information on how to empower your students to make high-character decisions online and off, please contact us.