Temple University won't release information about disciplinary actions the school may employ following racist and homophobic posts made by prospective and current students. The school has come under fire after two students made homophobic and racist social media posts. A petition urging Temple to change its official student code of conduct to require expulsion for hate speech has garnered more than 3,500 signatures.

Though the school says the posts in question are under review, there's no clear sign that the students will see any real consequences for their behavior. Both young men have apologized publicly for their words, but the existing Temple University code of conduct makes it clear: students “should be as free as possible from imposed limitations that have no direct relevance to their education.”

Social Media and Title IX

Title IX protections and social media use are closely intertwined. The law requires schools to foster a safe, inclusive atmosphere for all students. When social media is used to harass or create a hostile environment for a student, universities and colleges must act. Any time the harassing behavior interferes with a student's ability to learn, the school can be held liable.

Some instances of social media abuse are obvious violations of Title IX. Should a student use a school-sanctioned message board to spread hate speech and cyberbully a classmate, the university must intervene. Failure to do so would constitute a Title IX violation since the school is required to foster an inclusive learning environment for all students.

The full extent of these protections has not yet been tested. It's unclear what happens when communications on social media occur between students or between students and third parties. It's not clear whether schools have an obligation to police hate speech online, and if they do, what form of intervention is most appropriate. Without clear policies in place, universities are in uncharted territory.

Freedom of Speech, Freedom from Consequences?

While the First Amendment protects our right to say whatever is on our minds, it doesn't shield us from the consequence of our words. The young men in question are learning a hard lesson: your words – especially when used in a public forum, like social media – can come back to haunt you. Even if Temple University chooses not to expel the students, they will still have news headlines about the situation following them any time someone searches their name online. That could have a major impact on their careers after graduation.

Our digital lives and “real” lives are becoming more and more connected. Even when using seemingly private apps like Snapchat, students must be careful about what they say and how they say it. It's safe to assume that any video, photo, or post made online can become public. This lesson in digital literacy must be taught to teens early and often.

Some students learn this lesson the hard way. If your son or daughter is facing disciplinary action from a college authority, contact the Lento Law Firm today at 888-535-3686.