Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct to include, “[m]aking an articulated or verbalized threat, including a hit list, threatening manifesto, or social media post, that would lead a reasonable person to conclude that the pupil poses a serious threat.” SB 206 highlights the importance of parental supervision of students’ social media usage and represents the expanding frontier of out-of-school conduct that can subject students to discipline.
The Intersection of School Discipline and the First Amendment Right to Freedom of Speech
KJK has previously covered changes in the law’s treatment of off-campus speech for purposes of school discipline. The Supreme Court’s 2021 decision in Mahanoy Area School District v. B.L. overturned a suspension imposed against a high school cheerleader for off-campus speech. The student’s message (delivered through Snapchat to selected friends) expressed frustration with her coaches as a result of not being selected for the varsity cheer team. The Supreme Court held that discipline on this basis infringed on the student’s right to off-campus free speech.
More recently in 2023, the Sixth Circuit, applying the Mahanoy framework to another student speech case, reached an opposite result. In Kutchinski v. Freedland Cmty. Sch. Dist., a student impersonated a teacher and posted graphic sexual and threatening content to Instagram. The Kutchinski opinion frames schools’ ability to regulate student speech on a “spectrum,” wherein a school can “probably regulate ‘speech that takes place during or as part of what amounts to a temporal or spatial extension of the regular school program[,]’” and generally cannot regulate “‘speech that is not expressly and explicitly directed at the school, school administrators, teachers, or fellow students and that addresses matters of public concern[.]’” With regard to SB 206, the Ohio legislature has placed threatening social media posts in the latter part of the First Amendment spectrum identified in Kutchinski, which permits schools to regulate speech that is explicitly directed at peers or teachers.
The Importance of Talking with Your Teen About the Risks of Social Media
In today’s increasingly connected world, parents must educate their children about the risks of online behavior, actively monitor their children’s social media activity, and ensure that they understand the potential real-world consequences of their digital footprint. Schools are no longer monitoring student behavior only during the school day—instead, schools are increasingly monitoring out-of-school behavior online.
While platforms like Instagram, Snapchat, and X can be different means for teens to express themselves and stay connected with friends, there are downsides to social media usage. Posting content that can be interpreted as threatening or inappropriate, even if unintended, can lead to serious consequences. Inappropriate social media posts can lead to discipline at school and even juvenile charges. In our practice, we frequently encounter students who have posted what they consider to be jokes or harmless pranks among friends that ultimately land them in trouble at school and within the legal system.
Under SB 206, students could face suspension or expulsion for social media posts that are deemed to pose a threat to the safety or well-being of others. Even seemingly harmless comments or jokes can easily be misinterpreted, leading to consequences for the student’s reputation, academic record, and future opportunities. If your student is faced with school discipline or juvenile charges related to online conduct, it is important to know your rights and act quickly to protect your child.
What to Do if Your Child Faces Suspension or Expulsion at School
When students are accused of violating school rules, families are often tasked with defending their students in expulsion proceedings and, in some cases, defending against juvenile prosecution. When your child is facing suspension or expulsion at school, it is important to be prepared and proactive.
Thinking Ahead: Make sure your student knows to contact you immediately if they are ever faced with a serious situation at school, including if they are accused of violating school rules. Families should consult with an attorney as early in the process as feasible to ensure that the student’s rights are upheld, including the right to respond to the accusations and to be heard in the process.
Navigating Disciplinary Hearings: In many cases, students and families are entitled to legal representation during school disciplinary hearings. Preparing for, attending, and participating in disciplinary meetings, hearings, and appeals is critical for any student facing discipline. Participating in hearings and appeals can preserve rights to challenge disciplinary decisions at higher levels, including through court proceedings.
Appeals and Legal Recourse: If your student is expelled or suspended and you believe the punishment is unfair or disproportionate, seek legal advice to determine whether an appeal is advisable. An attorney may help you navigate the appeals process to seek a reduction in the punishment or a reversal of the decision.
Addressing Legal Consequences in the Juvenile Justice System: In cases where a student’s social media post could also be seen as a criminal threat, consulting with an attorney is critical to provide guidance on the potential legal ramifications beyond school discipline, ensuring the student’s interests are protected.
SB 206 is the latest in a series of efforts by schools to regulate students’ out-of-school, online behavior. Families must be aware of their students’ online presence and speak to their children early and often about the potential pitfalls of social media posting. Ensure that your child knows to reach out to you immediately if they are ever faced with a serious situation at school or if questioned by the police. If your student is facing serious school discipline or juvenile charges, contacting an attorney early in the process will provide the best opportunity to prepare a defense.
