In April 2021, the United States Supreme Court heard oral arguments on a case about a teenager's use of Snapchat. Yes, you read that correctly, and when the Court hands down its decision, it will be the first time in over 50 years that it has ruled on the First Amendment rights of students regarding off-campus behavior.

The Snap Seen ‘Round the World

Brandi Levy, after finding out she had not secured a spot on the varsity cheerleading squad at her high school in Mahanoy City, Pennsylvania, was 14 years old when she used Snapchat to express her displeasure, sending a Snap while at a local convenience store. In the post, she used a choice expletive regarding the school and three other times (regarding cheer, softball, and “everything”) as she and a friend held up their middle fingers. For those familiar with Snapchat, you know that Snaps disappear after 24 hours; in this instance, someone screenshotted the Snap in question and presented it to the school administration.

The district found that Levy had violated its code of conduct, and the freshman was suspended from the junior varsity cheerleading squad, of which she had been a member, for a year. Levy and her parents sued the district, requesting reinstatement on the squad, and the lower court ruled in her favor. The Third Circuit Court of Appeals affirmed the decision, ruling that a school's authority to enforce the rules “does not apply off-campus.” The case is now before the U.S. Supreme Court.

One major concern for those who would allow schools to punish such speech is whether limiting the school's reach to only on-campus behavior would inhibit the schools from effectively handling cyberbullying, which, of course, can be done from anywhere well behind the schoolhouse gate.

Students' Rights Regarding Social Media

While the status of the law concerning students' rights and their use of social media is unclear at the moment, one legal tenet remains certain from Tinker v. Des Moines Independent Community School District, a landmark 1969 Supreme Court case that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” That is, public schools — as governmental institutions — can only punish student speech when it would “substantially disrupt” a school community.

Still, it is important to remember that such actions — whether it be on Facebook, Twitter, TikTok, or any other yet-to-be-invented social media platform — may not be entirely consequence-free. For example, private school students are not afforded the same constitutional protections as public school students.

If you or your student are facing disciplinary action for social media behavior, you should strongly consider having an experienced attorney by your side to ensure the student's rights are preserved. Adverse disciplinary actions, including suspension and expulsion, can have devastating impacts on a student's future educational and career prospects. Call attorney Joseph D. Lento for help today at 888-535-3686.