Student speech rights

To continue the legal theme from a few days ago (with the addition of some “old news is so exciting!”), a high school in Kansas suspended the senior class president for comments he made on Twitter. What did he say? ““Heights U” is equivalent to WSU’s football team“. WSU’s football team doesn’t exist. That’s it. For that, the school deemed his initial tweet and responses were disruptive to the school.

It’s not clear to me if the Heights High School is acting in accordance with legal precedent (their decision is certainly unjust, but that’s another matter). The Supreme Court has affirmed and re-affirmed restrictions on the free speech rights of students. Bethel School District v. Fraser, Hazelwood v. Kuhlmeier, and Morse v. Frederick have all served to limit what students can say.

In Tinker v. Des Moines, the Court protected non-disruptive political speech, with the disruption being the critical factor. In Bethel, Hazelwood, and Morse the speech in question was part of a school-sanctioned activity even if the activity was not on school grounds (as in Morse). It would be a great stretch to consider Mr. Teague’s Twitter account to be a school-sanctioned activity, as it appears to be his personal account. To my knowledge, no Supreme Court ruling has ever addressed a school’s ability to restrict speech that occurs outside of school events.

Arguably, the concept of in loco parentis could be used to support the ability of schools to respond to behavior that happens outside the school. I don’t agree with this, but it would be interesting to see how this argument played out in the courts. In the meantime, I expect that this may end up being discussed in court rooms for years to come. If no suit is filed, it should at least be used as an exercise in high school government classes across the country.

Leave a Reply

Your email address will not be published.