SCOTUS hears lively arguments over student free speech off campus…

Let’s consider some hypothetical situations that might arise in the Serenity Falls ISD.  A high school student maintains a Twitter account. On a Saturday night, in her own home, using her personal iPhone she sends out a short Tweet that reads as follows:

BLACK LIVES MATTER!!

The next night she sends another Tweet:

BLACK LIVES MATTER AND WE NEED TO RID OUR COUNTRY OF RACISM.

The next night she brings her focus to the local community:

BLACK LIVES MATTER AND WE NEED TO RID SERENITY FALLS ISD OF SOME RACIST ADMINISTRATORS AND TEACHERS.

The next night:

BLACK LIVES MATTER AND WE NEED TO RID SERENTIY FALLS HIGH SCHOOL OF RACIST ADMINISTRATORS AND TEACHERS LIKE COACH JACKSON.

Consider the possibility that another student sends out the exact same Tweets, but the second student is on the team that Coach Jackson coaches.  Would that matter?

After hearing oral arguments in the case of Mahanoy Area School District v. B.L., the Supreme Court is trying to figure out how to put into words a line that is drawn in the right place.  This case is about a cheerleader who vented frustrations with four F-bombs on Snapchat after she was relegated to JV cheerleading for a second straight year.  The coaches suspended her from cheerleading, and she sued, alleging an infringement of her free speech rights.

I listened to the oral arguments that lasted almost two hours.   All of the justices asked good questions. They understand the issues.  It seemed pretty clear to me that everyone understands that  there should be a line.  The school does not have jurisdiction over students 24/7/365.  It also seems pretty clear that a line based on the physical boundaries of the school no longer makes much sense.  It also seems pretty clear that the law has to permit schools to address bullying, threats of violence and harassment, regardless of where it originated.  But that still leaves a lot of ambiguity.  Where exactly is the line drawn?  How do you protect student free speech, while giving the school the power to deal with cyberbullying, threats of violence and sexual harassment?  What about rules designed to promote harmony and unity on extracurricular teams?  Does that comment about Coach Jackson cross the line?  Does it cross the line if the Tweet came from someone who is not on the team?

Stay tuned, Loyal Daily Dawg Readers!  We will get a decision, probably after this school year is over, but certainly before the next one begins. This will be important.

DAWG BONE: SEE IF YOU CAN DRAW THAT LINE. WITH WORDS. IT’S NOT EASY.

Tomorrow: Congrats to the excellent girls’ schools.  But…..