
Can Schools Discipline for Off-Campus Speech? The U.S. Supreme Court Weighs In
The U.S. Supreme Court has just released a highly anticipated opinion in the case of a Pennsylvania high school cheerleader who was suspended from the team for profanity about the team that was posted to Snapchat on the weekend. (If you are new to Mahanoy v. B.L., see my previous posts here and here.) We […]

Mahanoy Area School District v. B.L: When Can a School Discipline a Student for Online Speech?
Yesterday I had the opportunity to participate in a panel to discuss the pending Supreme Court case Mahanoy Area School District v. B.L. Other panelists were Dr. Eric Kasper, a Professor of Political Science who teaches constitutional law at the University of Wisconsin-Eau Claire and who directs the Menard Center for Constitutional Studies, and Darpana […]

The Challenge of Criminalizing Threatening Online Speech (Elonis v. United States)
“There’s one way to love you but a thousand ways to kill you. I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Hurry up and die, bitch, so I can bust this nut all over your corpse from atop your shallow grave.” These […]

Educator Searches of Private Student Social Media Profiles: The Illinois Experiment
Last summer, Illinois (somewhat quietly) passed a new bullying law that took effect on January 1, 2015. The law includes language similar to at least 13 other states which makes it clear that schools have the authority to discipline students for cyberbullying that occurs off campus (and outside of a school-sponsored activity), when such behavior […]

Cell Phone Searches: Implications for Educators from Riley v. California
New insight about the issues associated with authorities searching the contents of cell phones has been provided by the U.S. Supreme Court. While this particular ruling deals specifically with the question of whether law enforcement officers can search the contents of cell phones possessed by people who are under arrest, educators can certainly learn from […]