Colleges and universities are places where students learn to debate hot-button topics like sexism, racism, and free speech rights. In today's politically charged environment, open discussion of these topics can lead to hurt feelings, anger, and even charges of the very behavior under discussion.

In January 2023, the antisemitism nonprofit StandWithUs (SWU) filed charges against the U.S. Department of Education, alleging that a professor at George Washington University had engaged in anti semitic and discriminatory behavior against students in her first-year graduate psychology program. She made the remarks during an informal talk by a guest lecturer, in class discussions, and in Twitter exchanges. After a review by an outside agency, the university exonerated the professor, finding that the allegations involved comments taken out of context.

SWU's complaint focused on the “brown bag” event and the professor's statements in class afterward. It also centered on several comments the professor had posted on her private Twitter account. After the outside agency's review, the university stated that while it “disapproves of the tone of the tweets,” the school's “policies recognize the right of faculty to articulate their points of view consistent with the university's strong commitment to academic freedom.”

How Far is Too Far for Social Media Freedom?

In higher ed, social media posts are usually considered public statements for disciplinary purposes. What you post, tweet, or reel can follow you back onto campus, as the GWU professor discovered. In this case, the university decided not to discipline her for her point of view, as distasteful as it was. Other professors have not been so fortunate. Some teachers and students have lost their jobs for posting anti semitic or racist material. In one recent case, a Florida State quarterback lost a scholarship over a racist post.

Many colleges and universities maintain a social media policy or code of conduct for what is and is not acceptable online. These specify the types of behaviors that will lead to disciplinary action and what that action will be. In some cases, these are either so vague or subjective that the rules aren't clear, and students—and faculty—are surprised to find themselves accused of a violation. For instance, a policy that simply forbids “discriminatory or hateful speech” without further explanation leaves everyone in the dark.

If You've Been Charged with Social Media Misconduct, Get Help!

Whether you are a student or a professor, a careless statement on your personal social media account can ruin your academic career. If you've received a formal complaint about your social media posts, you need professional education defense attorney-advisor Joseph D. Lento and the Team at the Lento Law Firm. The Lento Law Firm defends college students and employees from disciplinary action for their social media posts. For your best chance at staying in school or on the job, call us at 888-535-3686 today or contact us online.