Lawsuit Questions if Schools Can Punish Off-Campus Free Speech

Lawsuit Questions if Schools Can Punish Off-Campus Free Speech

(TargetLiberty.org) – In January, four Michigan students were punished for writing racist messages on Snapchat. This week, attorneys for the students sued Saline Area Schools for violating their clients’ constitutional rights for punishing them for off-campus behavior.

Recently, a town meeting about the incident devolved into a fight between parents.

In the United States, the First Amendment does have some limitations. For example, you can’t scream “fire” in a crowded theater. Private businesses can fire you for violating their code of conduct if you say something that may offend people. Schools can also suspend students for violating their code of conduct — if they did it in school.

In 2017, a cheerleader was disciplined for off-campus speech. She sued and a court ruled that the messages she wrote that caused problems were protected speech.

When students walk out of school, they are no longer the responsibility of the district. If they want to start expelling kids (as they want to in this case) for behavior when they are not under the authority of the school, where does it end? That is what the lawyers of these students want to know. This is definitely going to be a case to watch.

Copyright 2020, TargetLiberty.org