Student Off-Campus Speech
Workshop Presentation - Mr. Richard Thompson
It first began as a project for the MASSP Path To Leadership certification module in School Law with Professor Dave Barry.
Because of its relevance and poignant facts I have created a workshop for ALL stakeholders of my school.
May it enlighten you to the facts and freedoms we each hold as Americans and the power behind words.
Richard Thompson
Dean of Students
Swartz Creek Academy
Swartz Creek Michigan U.S.A.
"Can schools discipline students for speech off campus?"
Interactive Presentation Workshop
Tinker v. Des Moines. On February 24, 1969 the Court ruled
"Students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Overview...
Richard Thompson –Cohort 21
July 2016
MASSP - Professor Barry
Module #6 Act 5
Student Off-Campus Speech
Lesson Plan
Opening
- Hook – Video with Questions
- Questions to be answered and understood.
Lesson Presentation
- Digital Citizenship
- 1st Amendment Overview
- Standards for Courts? (Substantial Disruption) (True Threat)(Cyberbullying)
- Case law Studies (Tinker vs Des Moines) (Virginia vs Black) (Matt's Safe School Law)
- Bullying
Guided Practice
- Role Play
- Real Life Scenarios
Quiz
- 9 questions – (Supreme Court number)
Closing
- THINK
- Exit Ticket -
RKT
Opening
Questions to be answered and understood.
- How would you define off-campus speech?
- What is the standard the courts use to determine whether a student could be disciplined for speech that occurs off-campus?
- What if a student posts a threat to harm a teacher or another student on her or his personal website? May school officials discipline this student?
- How does the First Amendment apply to these situations?
Lesson Presentation
"How would you define off-campus speech?"
Speech made away from school property and regular school hours. The speech could be verbal or electronic, including by way of illustration but not limited to,: Email, text, Facebook, Twitter, Etc…
Digital Citizenship - Respect, Educate and Protect (REPs)
http://www.digitalcitizenship.net/
Digital citizenship can be defined as the norms of appropriate, responsible behavior with regard to technology use.
- Digital Access
- Digital Commerce
- Digital Communication
- Digital Literacy
- Digital Etiquette
- Digital Law
- Digital Rights & Responsibilities
- Digital Health & Wellness
- Digital Security (self-protection)
Respect, Educate and Protect (REPs)
1st Amendment Overview
"The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power. The Virginia Declaration of Rights, written by George Mason, strongly influenced Madison."
https://www.billofrightsinstitute.org/founding-documents/bill-of-rights/
Amendment I
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
"What is the standard the courts use to determine whether a student could be disciplined for speech that occurs off-campus?" Bullying & Case Law
An Iowa court addressed the authority of school officials to control student off campus speech.
School Law and the Public School, Nathan L Essex Edition 4, page 91
“If the effects of acts committed beyond school hours reach within the school room during school hours and are detrimental to good order ion the best interest of students, it is evident that such acts may be forbidden.”
Below are 3 standards the courts use to determine whether a student could be disciplined for speech that occurs off-campus?
1- The court will use the ‘Substantial Disruption” Standard set by the landmark Case 1969 Supreme Court Case Tinker v. Des Moines Independent Community School District.
https://www.law.cornell.edu/supremecourt/text/393/503
Off-Campus Student Speech: Be Careful What You Post
http://education-law.lawyers.com/school-law/off-campus-student-speech-be-careful-what-you-post.html
2- Also pointing out the “True Threat” standard, this standard was defined in the Supreme Court in the Virginia v. Black decision
K-12 PUBLIC SCHOOL STUDENT EXPRESSION, Cyberspeech, DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR, Tuesday, April 9, 2002
http://www.firstamendmentcenter.org/cyberspeech
Chicago -Kent College of Law
https://www.oyez.org/cases/2002/01-1107
“‘True threats’ encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”
3- Another standard is the Cyberbullying, however this concept is new to the world of law, yet there is not a definitive landmark court case yet as of today. This has topic has been put upon each school district to adopt a policy. This is under the Anti-Bullying Laws.
Michigan Legistlator
Section 380.1310b
http://www.legislature.mi.gov/(S(asvcjo4oqpyajhmfr23kyoe1))/mileg.aspx?page=GetObject&objectname=mcl-380-1310b
Michigan Anti-Bullying Laws & Policies
http://www.stopbullying.gov/laws/michigan.html
This is known as Matt’s Safe School Law.
Cyber bullying added to Michigan anti-bullying law after Gov. Rick Snyder signs bill
http://www.mlive.com/lansing-news/index.ssf/2015/01/cyber_bullying_added_to_michig.html
which is now Public Act 478, adds cyber bullying to Matt’s Safe School Law. The law defines cyber bullying as “any electronic communication intended to harm one or more students by interfering with education opportunities, adversely affecting a student’s ability to participate in school or district education programs, having an actual or substantial negative effect on a student’s mental or physical health or causing a substantial disruption the operation of the school.”
"What if a student posts a threat to harm a teacher or another student on her or his personal website? May school officials discipline this student?"
Yes, students are liable to be disciplined by school officials if they post a threat to harm a teacher or another student on their personal website, etc. and the threat is found to be credible to the standard of the “True Threat” standard.
The “True Threat” standard, standard was defined in the Supreme Court in the Virginia v. Black decision
http://caselaw.findlaw.com/us-supreme-court/537/465.html
K-12 PUBLIC SCHOOL STUDENT EXPRESSION, Cyberspeech, DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR, Tuesday, April 9, 2002
http://www.firstamendmentcenter.org/cyberspeech
“‘True threats’ encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”
Bullying
"How does the First Amendment apply to these situations?"
The First Amendment of the United States Constitution is as follows…
https://www.law.cornell.edu/constitution/first_amendment
Amendment I
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
In the situations of Off Campus Speech the First Amendment does indeed apply.
Students maintain their First Amendment rights to Freedom of Expression
both on and off campus with certain restrictions.
1- The speech cannot create a ‘Substantial Disruption”
2- The speech cannot be a “True Threat” to harm others.
3- The speech cannot involve bullying or harassment of another person.
Bully research and videos by RKT
In the article below it clearly states the difference between the First Amendment being upheld and the rights of the people.
The First Amendment Never Rests
http://government.lawyers.com/the-first-amendment-never-rests.html
In the case of the Layshock and the MySpace posting, the court sided with the student and the bottom line was that a student cannot be disciplined for off campus speech that is found to be offensive by school officials.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 07-4465
http://www2.ca3.uscourts.gov/opinarch/074465p1.pdf
Layshock, J.S. and MySpace justice - Third Circuit takes a half-step toward clarifying school authority over online speech
By Frank LoMonte | Published 06/16/11 10:27am
Students' First Amendment Rights in the Age of the Internet: Off-Campus Cyberspeech and School Regulation Jacob Tabor
http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2414&context=bclr
K-12 PUBLIC SCHOOL STUDENT EXPRESSION Cyberspeech, DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR, Tuesday, April 9, 2002
Guided Practice
1- Role Play Exercise -Real Life Scenarios - Facebook Scenario
Student U posts on their personal Facebook
- off school grounds
- and outside of school time
- that they are going to "Beat up Student V in school the next day"
Question:
Does the school administration have the right to discipline the student who posted the threat? Why or Why not?
Characters:
- Student U
- Student V
- Administrator
2- Role Play Exercise -Real Life Scenarios - Twitter
Student W Tweets about student X
- off school grounds
- and outside of school time
- that Student X is a "Donkey"
Question:
Does the school administration have the right to discipline student W who posted the tweet? Why or Why not?
Characters:
- Student W
- Student X
- Administrator
Role play what the outcome will be...
*****
Twist...
Now add the fact that Student W has tweeted this numerous times about Student X.
Question
Can administration discipline Student W for bullying Student X?
3- Role Play Exercise -Real Life Scenarios -Text Scenario
Student Y texts insulting texts to Student Z (Non threatening)
- off school grounds
- and outside of school time
The next day student Y and Z bring in their phones and show their friends the texts. Some of the classmates get upset and start arguing and yelling at students Y and Z.
Question:
Does the school administration have the right to discipline student Y?(Perpetrator)
Does the school administration have the right to discipline student Z (Victim) ?
Why or Why not?
Characters:
- Student Y
- Student Z
- Friends of Y
- Friends of Z
- Administrator
Role play what the outcome will be...
*****
Twist...
Now add the fact that Students Y and Z do not show the texts to their friends.
Student Z (Victim) shows the text to administration and demands consequences for Student Y.
Question
Can administration discipline Student Y for the text to student Z?
Why or Why Not?
GAME QUIZ
GAME QUIZ - 9 Questions - You are the chief Justice on the Supreme Court
- Do students have free-speech rights, both in school and off-campus?
- Can a public school punish a student if it poses a substantial threat of a disruption to the school.
- Does it make any difference where the message originated or where it was read in reference to a students freedom of speech?
- If it is determined that a “material and substantial disruption” as referenced in Tinker is proven, can a student be disciplined?
- “Of a serious expression of intent to commit an act of unlawful violence on a particular individual or group of individuals.” is this the description for 'True Threat" as defined in the Virginia v. Black case.
- Can board policy help ensure that the district is acting within its scope regarding First Amendment issues with students?
- Can a district discipline a student for vulgar or lewd speech, off campus?
- Can a student be disciplined for Bullying off campus if it meets the standards of True Threat or Substantial Disruption?
- Have students committed suicide because of being Bullied?
Answers
2-Can a public school punish a student if it poses a substantial threat of a disruption to the school. (YES)
3-Does it make any difference where the message originated or where it was read in reference to a students freedom of speech? (NO)
4-If it is determined that a “material and substantial disruption” as referenced in Tinker is proven, can a student be disciplined? (YES)
5-“Of a serious expression of intent to commit an act of unlawful violence on a particular individual or group of individuals.” is this the description for 'True Threat" as defined in the Virginia v. Black case. (YES)
6-Can board policy help ensure that the district is acting within its scope regarding First Amendment issues with students? (YES)
7-Can a district discipline a student for vulgar or lewd speech, off campus? (NO)
8-Can a student be disciplined for Bullying off campus if it meets the standards of True Threat or Substantial Disruption? (YES)
9-Have students committed suicide because of being Bullied? (YES)
Closing
THINK
THINK is an acronym for
“Is it True?
Is it Helpful?
Is it Inspiring?
Is it Necessary?
Is it Kind?”
Exit Ticket - Index Card
1-Please put your name on top
2-Write 1 new thing you learned from this workshop
3-Write one question you still have.
4-Write what T.H.I.N.K. stand for?
Thank you