By Michael J. Kasdan*

A pdf version of this article may be downloaded here.

Introduction

The move toward online communication has the potential to throw off the historically careful balance that has been struck regarding First Amendment issues in the realm of “student speech.”  In a seminal trilogy of cases, the Supreme Court balanced the free speech rights of students with school districts’ ability – and even responsibility – to regulate student speech that disrupts the learning environment.  Before the proliferation of instant messaging, SMS texts, and social networking sites, the Court allowed schools to regulate on-campus speech in limited circumstances (i.e., when the speech disrupts the learning environment) but did not extend the school’s authority to regulate speech that occurs off-campus (i.e., speech subject to traditional First Amendment protection).  Electronic communication blurs the boundary between on- and off-campus speech.  While a student may post a Facebook message from the seeming privacy of his or her own home, that message is widely accessible and could have a potentially disruptive effect on campus.