Lessons from Mahanoy
Some lessons to educational administrators about free speech and social media that can be gleaned from the Mahanoy case include:
First, educational administrators should be aware of the potential for students to make statements about school personnel or classes on social media, and should not discipline students for such statements without determining if the statements are constitutionally protected speech (Mahanoy Area School District v. B.L).
Second, educational administrators must be mindful that when considering disciplining a student for their speech on social media, the Supreme Court has held that the standard is whether the speech would disrupt or interfere with the school's ability to perform its educational mission.
Third, educational administrators should consider the context in which a statement was made, as well as the nature of the statement itself, when determining whether or not to discipline a student for their speech on social media (Mahanoy Area School District v. B.L.).
Fourth, educational administrators should be aware that the First Amendment protects some speech that may be seen as offensive or hurtful, and should not take disciplinary action against students for such speech unless it is likely to cause a substantial disruption of school activities.
Fifth, educational administrators should be aware that the Supreme Court has held that student speech on social media is not immune from First Amendment protection, and should consider the free speech implications when considering disciplinary action against a student for their speech.
And, finally, educational administrators should be aware that the Supreme Court will look at the facts of a given case to determine whether a school's discipline of a student for their speech on social media is constitutional.
References
Mahanoy Area School District v. B.L. https://www.oyez.org/cases/2020/20-255
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