1st Amendment and Schools - Punishment for Off Campus Social Media

[WuWei]

@wiley8425

No it isn’t. What I do on my off time isn’t any of my employer’s business. Unless I’m representing my employer. Which I’m not. Good luck proving otherwise.

If you sign a contract that says it is it is.

It is.

[wiley8425]

If. That’s why I won’t sign such a contract or agree to work for an employer who demands I sign one. See how that works?

[altair1013]

@WuWei

I’ve been waiting for something like this and maybe this is the one.

Good for them. It’s time to put these bully school systems in their place.

[WuWei]

@Sknyluv

I think there are cases where a students speech, outside of school, warrant action by the school.

I disagree.

[WildRose]

It is if your conduct can affect their business.

[wiley8425]

Already covered.

[JayJay]

@Sknyluv

@WuWei

@Sknyluv

@WuWei

The repercussions of speech while not at school.

And that is the question at hand.

Indeed.

What are your thoughts?

Seems like a slippery slope. They would need to prove the students actions would cause a disruption at the school. I think there are cases where a students speech, outside of school, warrant action by the school. Threats of violence for example. In this case, it seems harder to prove.

The Tinker decision mentioned in the article (which came down in favor of the students btw) didn’t apply to off-campus, off-hours speech, so the disruption rule is not as easily applied to those decisions.

In fact the article suggests the rulings that have been made on off campus speech are a mess.

So I agree with the OP…time to clean it up.

Make it simple…schools have zero right regulating off-campus speech…period.

[WuWei]

@wiley8425

If. That’s why I won’t sign such a contract or agree to work for an employer who demands I sign one. See how that works?

High school students don’t have that option.

[conan]

Yes…very dangerous slippery slope IMO.

[WuWei]

@wiley8425

Already covered.

You aren’t The Decider.

[wiley8425]

Sure they do. What do you think dropouts are?

[conan]

Damn dude. Coming home?

[wiley8425]

Who enforces it? How is that not a violation of the first?

[WuWei]

@JayJay

@Sknyluv

@WuWei

@Sknyluv

@WuWei

The repercussions of speech while not at school.

And that is the question at hand.

Indeed.

What are your thoughts?

Seems like a slippery slope. They would need to prove the students actions would cause a disruption at the school. I think there are cases where a students speech, outside of school, warrant action by the school. Threats of violence for example. In this case, it seems harder to prove.

The Tinker decision mentioned in the article (which came down in favor of the students btw) didn’t apply to off-campus, off-hours speech, so the disruption rule is not as easily applied to those decisions.

In fact the article suggests the rulings that have been made on off campus speech are a mess.

So I agree with the OP…time to clean it up.

Make it simple…schools have zero right regulating off-campus speech…period.

Good points and agreed.

[Oryx]

@WuWei

Why does it have to be “a job” for anybody?

I’m just saying that in cases like this discipline, if needed, should come from parents.

[WuWei]

@wiley8425

Who enforces it? How is that not a violation of the first?

They can’t put you in jail, all they can do is fire you. You don’t have a right to work for them.

[Sknyluv]

@WuWei

@Sknyluv

I think a more apt example would be if that student posted on social media that he was going to fight someone at school the next day and the school suspended him for it.

Two examples of different things, but I like yours too.

And I think if that threat was reported to a school, they have an obligation to take some kind of action.

[WuWei]

@Oryx

@WuWei

Why does it have to be “a job” for anybody?

I’m just saying that in cases like this discipline, if needed, should come from parents.

Agreed. And the parents should decide if it is needed, not the school.

[PurpnGold]

In this case, with a Public high school and off campus… I don’t think the school should do anything about it.

Let the authorities handle it if it is in violation of any laws.

[wiley8425]

Apparently I don’t have a right to be compensated for being monitored on my off time either.