Supreme Court Declines to Hear Cases on Student Speech

The US Supreme Court recently declined to hear three court of appeals cases dealing with the scope of school administrators' authority to discipline students for off-campus online speech. The Third Circuit's two rulings that students could not be disciplined for off-campus online postings that ridiculed the principals (Blue Mountain School District v. Snyder and Layshock v. Hermitage School District), and the Fourth Circuit's ruling that a student could be disciplined for her off-campus online postings that constituted harassment and bullying of a fellow student (Kowalski v. Berkeley County Schools) will stand.

The standard by the US Supreme Court remains unclear for disciplining students for off-campus internet speech. However, these circuit cases can be grouped into two apparent categories: (1) speech parodying school administrators and (2) speech targeting a fellow student. Although neither the Third or Fourth Circuit are binding on California courts, it appears that courts are more willing to uphold discipline of students where it constitutes bullying or harassment of a fellow student, and less willing to uphold discipline where it targets a school administrator.

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Meghan Covert Russell