In school, you are not only taught academics but social behaviors as well. Many of these behaviors include respecting others, sharing materials, taking turns, self-control and managing emotions, and accepting responsibility for your actions. The hope is that these learned behaviors will carry over into everyday social interactions. And it can feel like your actions are constantly policed in school.

But what happens when you are having a private conversation, either in person or via text message? Can your school control how you present in that situation? What about in your private social media use? How far does the school's reach go into your personal life?

The First Amendment

Freedom of speech is protected by the First Amendment. This means that the government cannot punish anyone based on what they say or write, except under certain circumstances. Those circumstances include child pornography, obscenity, and fighting words or true threats.

These rules extend to the public school system. Students cannot be punished for what they say or write if it falls under the freedom of speech. Further, many courts have agreed that even if the speech does violate the First Amendment, schools cannot discipline the student unless the speech takes place on school grounds or is linked to school activities and threatens to disrupt them.

When Can Schools Discipline Students?

If your speech takes place on campus or is linked to a school activity in any way, your school can discipline you. But, if the speech took place off-campus, schools might still choose to punish the student if it involved serious bullying or harassment of another student, faculty, or staff, was a threat aimed at teachers or students, broke rules about schoolwork, or breached the school's security devices.

Furthermore, many schools, especially private schools that get far less federal funding and may be subject to less federal regulation, institute codes of conduct that students are supposed to follow. These codes usually lay out how the schools expect their students to act on social media and in their text messaging or private conversations. If the school finds out that the student violated these rules, knowing that there would be consequences, they will most likely decide to punish the student.

How a Skilled Attorney Can Help

Attorney Joseph D. Lento and the Lento Law Firm Student Defense Team have years of experience helping students facing disciplinary charges at their school. If you have been accused of violating your school's code of conduct or are being punished for your text message or social media usage, Attorney Lento and his team will advocate on your behalf. Attorneys have far greater knowledge of the Constitution and state or federal regulations. The Lento Law Firm will be able to gather evidence, question witnesses, and present a strategic defense that is sure to guarantee the best possible outcome for your case. Call 888-535-3686 today to schedule a consultation. The Lento Law Firm can help.