Free speech: Drawing a line for students
Can schools police and punish students for what they say on social media—even when they’re not in school? That, said George Will in The Washington Post, is the central question in a complex Supreme Court case that could threaten the free speech of teenagers, “erase the distinction between on- and off-campus behavior,” and undermine “the constitutionally protected right of parents to supervise their children.” The case is centered on an incident in Pennsylvania in 2017, when then–high school freshman Brandi Levy,
14, took to Snapchat on a Saturday to blow off steam after having gotten cut from the varsity cheerleading squad. “F--- school f--- softball f--cheer f--- everything,” she posted to about 250 friends while inside a convenience store. Another student gave a screen shot of Levy’s rant to a high school coach, and the school suspended Levy from cheerleading for a year to “avoid chaos.” Levy’s parents sued, and two lower courts agreed that her right to free speech had been trampled.
During oral arguments last week, Supreme Court justices seemed conflicted, said Adam Liptak in The New York Times. They struggled to find “a legal principle” that would allow schools to discipline students for “bullying and harassment” on social media but forbid interference with constitutionally “protected speech” like saying “F--- school.” Justice Brett Kavanaugh recommended a “narrow ruling” on the case, acknowledging the court “can’t foresee” all the free speech issues faced by schools in the social media era. But even a narrow ruling supporting Levy’s suspension would “extend the government’s authority over students to dangerous new levels,” said Justin Driver in The Washington Post. It would invite “overzealous principals” to police students’ speech and behavior 24/7.
True enough, said law professor Aaron Tang in USAToday.com, but in “a hard case” like this one, the court must carefully balance competing interests. If it sides with Levy, the court should be careful to ensure that schools retain the right to punish off-campus speech “that threatens, bullies, or harasses others, because such speech is not protected under standard First Amendment principles.” Bullying on social media is now rampant and has led to numerous teens taking their own lives. Students should have the right to use Snapchat, Instagram, et al. to complain about teachers, coaches, and schools—but not to torment other students.