When Can Public Schools Discipline Students for Off-Campus Speech?

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1 Response

  1. Ari Waldman says:

    Excellent post, Dan! I wrote about this in an article forthcoming in the U Maryland Law Review’s Cyberlaw issue. I think your conclusion about these cases is spot on; I think the substantial disruption standard must be maintained, and not in some pro forma way. But, given that the SD standard was created in the protest context and not to account for targetted harassment, I think we have to ask ourselves, SD for whom? The strong connection between student-to-student online harassment and the school environment — a schoolyard version of Mary Anne Franks’ workplace argument — means that school authority should expand to a student’s bullying of another student exclusively online when there is a showing of disruption of the student’s well-being, school performance, social integration and so on.

    What do you think?