Legal Protection of Student Off-Campus Internet Expression: Implications for Cyberbullying

• In Event: Law and Education SIG Roundtable Session

Abstract

This research, using legal reasoning and electronic data bases, addressed the Supreme Court’s ruling in Mahanoy Area School District v. B.L. (2021) in relation to Supreme Court precedents, state antibullying laws, federal circuit decisions pertaining to student off-campus expression, and pertinent secondary sources. The Supreme Court upheld the student, who made profane Snapchat posts, but did not adopt the Third Circuit’s reasoning that student off-campus expression is treated like adult speech. Instead, the Court held that the exceptions from constitutional protection outlined in Tinker v. Des Moines (1969) would apply under certain circumstances, but noted that restrictions on off-campus speech require strict justification. This paper explores implications of this ruling, especially for cyberbullying, and provides guidance for school personnel.

Author

• Martha M. McCarthy, Loyola Marymount University