We live in an age where in the space of a minute or less, anyone with an Internet connection can easily share their thoughts, pictures, videos, and memes with billions of people all over the world. We're all familiar with the consequences of this, both good and bad; while it's great to stay in contact with friends and family and see what they've been up to or share a laugh with our favorite celebrities, there are a lot of hateful, angry posts that can be difficult to see.

And when high schools get involved in trying to regulate how their students use social media, things can get difficult and complicated. While schools have a legitimate interest in the safety and welfare of their students on campus or at school-sponsored events, when students leave for the day it becomes harder for schools to justify controlling what their students can do during their free time.

Attempts to Enforce High School Honor and Discipline Codes Sometimes Go Too Far

It's not unusual for a school honor or disciplinary code to overreach and try to regulate off-campus student behavior that has nothing to do with promoting the safety and welfare of students on campus. Sometimes this is related to misbehaving students who post compromising images or videos from weekend parties; other times, it follows after a student posts comments criticizing school policies or faculty members.

The fact remains that students in an off-campus setting have First Amendment rights too, just like everybody else. And videos or images that appear to show underage students consuming alcohol or legalized (or illegal) drugs may or may not show actual alcohol or drug consumption. Even so, many high schools will still attempt to discipline students for posting things online that appear to violate school honor or disciplinary codes, even where the posts appear to have taken place off-campus.

There Are Legitimate Situations Where Discipline is Appropriate

That's not to say that every attempt by a high school to discipline a student for an off-campus Internet post is unfair. Posts threatening the safety and welfare of teachers, staff, or other students typically cross the line and are legitimate areas for the school to take action. But in many cases what is an actual threat and what is simply a bad joke is something that is open to interpretation.

In addition, private high schools generally have more leeway to regulate off-campus behavior than their public counterparts.

If your high school student has been threatened with discipline by their school for something they posted online on their own time, you should seek the advice of an attorney with experience representing students in school disciplinary proceedings. These are less formal than court proceedings, and the standards applied to things like evidence and testimony can often be tilted against the student. In addition, faculty members often lack the experience to manage disciplinary proceedings fairly and safely.

Contact Attorney Joseph D. Lento and the Lento Law Firm for Help

Attorney Joseph D. Lento has advised countless students and their families on student disciplinary matters, and has a deep understanding of how far schools are allowed to go when trying to regulate off-campus behavior. He can help you understand the process and your student's rights, and he knows how to work with school disciplinary personnel, including school attorneys, to ensure that your student's rights are respected. Call attorney Joseph D. Lento today at 888-535-3686 or reach out to the Lento Law Firm through our online contact form to get the help your student needs.