Teens sometimes learn the hard way about the limits of free speech
Students can be quick to post on social media out of anger, and the consequences can be harsh if they don’t know their rights.
For a moment, think about a student who posts a rant about a friend at school on Instagram and is called into the principal’s office. The student is suspended because the school argues the speech was bullying.
Students can’t post anything considered bullying or harassment, but can still post negative comments.
I could post something like: “School sucks and I don’t learn anything,” because the speech isn’t hurting anyone. Tinker v. Des Moines (1969 Supreme Court) famously decided that “students don’t shed their rights at the schoolhouse gate.”
The case sprung from students wearing black armbands to protest the Vietnam War. The Supreme Court found that schools can punish students for expressing opinions only if it “materially and substantially disrupts” the school.
What defines disruption is still being challenged today.
Mahanoy Area School District v. B.L. (2021) involved a student who criticized the cheer team after not being selected to the varsity squad. The student posted negative comments about the school, and the cheer coaches suspended her.
The 8-1 Supreme Court decision found that no disruption was caused, and the post was made outside of school.
Years before social media existed, another case raised similar questions about student expression at schools: Kulmeir v. Hazelwood (1988).
In this case, a principal removed articles in the school newspaper that were about teen pregnancy. The Supreme Court ruled in favor of the principal because the newspaper was sponsored by the school. Activities tied to school can limit students’ free speech.
It was surprising for me to find out that teachers have limitations on their speech rights , just as students do. In Pickering v. Board of Education (1968), the Supreme Court found that a teacher’s right to speak is protected if it’s about a public issue. It’s not protected if the speech is disruptive. For example, a teacher can talk about their political views, but not about disliking their principal.
When people post on social media, it can spread quickly and reach unintended audiences. Once, my friend posted a negative comment about her ex-boyfriend on an Instagram story, and it was spread around for days.
I’m currently taking English/Film/Media/Literature, which is a class that uses programs like Common Sense Media to teach students about using freedom of speech responsibly.
Through the class, my peers and I learned to double-check what we post.
I run a political discourse club at Miramonte, and after a discussion about free speech, many students came up to me, expressing their concerns with teachers talking about their political views.
Every year, students deal with questions about free speech, and they have to learn how to use their voices to stand up for what they believe without hurting other people.
From armbands in the 1960s to walkouts today, students are passionate about their rights. But students, and everyone, should keep in mind that free speech and freedom from consequences are not the same thing. It’s best to keep negative feelings about others private; it can harm them and the person who made the post.
