News & Analysis as of

School Districts Social Media

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Snell & Wilmer

Ninth Circuit Holds School Board Trustee Liable for Blocking Public Comments on Her Social Media Account

Snell & Wilmer on

Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

Rumberger | Kirk on

Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Shipman & Goodwin LLP

See You In Court - February 2025

Shipman & Goodwin LLP on

Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

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...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Tucker Arensberg, P.C.

Teacher Reinstated Following TikTok Post Featuring Explicit Song and Suggestive Dance Moves

Tucker Arensberg, P.C. on

Cent. Valley Sch. Dist. v. Cent. Valley Educ. Ass’n, 2022 Pa. Commw. Unpub. LEXIS 482 (Pa. Commw. Ct., Nov. 7, 2022). In an unpublished opinion the Commonwealth Court of Pennsylvania upheld the decisions of an arbitrator and...more

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

Franczek P.C. on

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Clarifies Standard for School District Regulation of Off-Campus Speech

Tucker Arensberg, P.C. on

In J.S. by M.S. v. Manheim Township School District, 263 A.3d 295 (Pa. 2021), Pennsylvania’s highest court took a step toward clarifying the sticky issue of school districts’ ability to discipline students for off-campus...more

Fisher Phillips

Going Viral: Navigating Social Media within the School Community

Fisher Phillips on

Social media has transformed how we interact online and engage with our communities with the average person spending over six hours a day online. Since the start of the COVID-19 pandemic, we have seen an even greater increase...more

Franczek P.C.

They Said What? First Amendment Issues in 2020

Franczek P.C. on

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

Pullman & Comley - School Law

Schools May Expel Students for Personal Journal Entries

We have previously discussed the tension between a school district’s discipline for social media posts and the protections of the First Amendment. Indeed, as the United States Supreme Court said in Tinker v. Des Moines...more

Fisher Phillips

#NeverAgain? How Schools Should Respond To Student Protests

Fisher Phillips on

After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more

Franczek P.C.

New Legislation Leaves Illinois Schools “Locked Out” of Student Social Media Accounts

Franczek P.C. on

Recent amendments to Illinois law draw back on rights of post-secondary, secondary, and elementary schools to request or require access to student social networking accounts such as Facebook and Twitter. School districts and...more

Franczek P.C.

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

Franczek P.C. on

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

Franczek P.C.

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

Franczek P.C. on

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

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