Courts across the US protect students' right to free speech off campus. Students have the right to freely and safely express their views verbally, in print, or over social media. However, when this freedom of speech manifests in the form of hateful content, posts targeting an individual or group of individuals, or disruptive content, the school administration can step in and seek to put an end to it. But the line between allowing free speech and preventing hateful speech or content is murky.

If you are facing disciplinary action over something you said or shared online, the LLF Law Firm can help you out. Our Student Defense Team attorneys understand students' rights according to federal and state law and can help you avoid severe censure by your school. Call the LLF Law Firm at 888-535-3686 or tell us what your concern is, and we will call you.

Malvern School Administrators Struggle to End TikTok Impersonation of Teachers

After middle school students at a school in Malvern, PA, posted racist and sexually suggestive content from accounts posing as some of their teachers, in July, school administration could not take strict disciplinary action against the students. This is because the posts were created off-campus, and school administrators cannot control what students say, post, or do outside their schools. Students have a right to free speech off campus unless it substantially disrupts the school environment. However, there is no clear definition of what constitutes disruptive speech or behavior.

Students at the Malvern school have continued to create new TikTok accounts, and there is not much the administration can do. Schools can impose restrictions on what students say and do while in school but not outside. And they can only control social media content posted using a school-owned device or on school premises. Since the accounts were created outside school hours, on students' personal devices, the administration has no control over them. A police investigation is still ongoing.

On many previous occasions involving free speech issues, courts have ruled in favor of students. This makes it difficult for school administrators to prevent and prohibit these kinds of social media posts that ridicule and target teachers unless such content is disruptive. But there again, it isn't clear where the line is.

Students Can Still Get Into Trouble for What They Post

Despite the rights students have, school administrators can and have punished students for what they have posted on social media or blogs outside of school. Even if no action is eventually taken, students found responsible for objectionable posts or cyberbullying can find themselves facing an investigation and temporary suspension. This can be scary and stressful for students, even impacting their ability to pay attention in classes and pass their exams.

If you find yourself or your student facing disciplinary action over a blog post, social media post, speech, or any other instance where they exercised their right to free speech, it is best to consult the LLF Law Firm immediately. Schools tend to mete out discipline in an inconsistent manner, and your student could suffer for their actions, even if other students in similar situations have gotten away with their actions.

The LLF Law Firm Can Help

The Student Defense Team at the LLF Law Firm has many years of experience in issues involving student discipline and education law nationwide. They know the school disciplinary system in and out and can help your school administration understand that they cannot arbitrarily dismiss students' rights. Even if the school decides to punish you or your student, the LLF Law Firm attorneys can negotiate on your behalf and try to argue for less severe sanctions.

Your student's academic record may be at stake. Do not take these issues lightly. Call the LLF Law Firm at 888-535-3686 or explain your issue using this form.