Will America's Top Court Protect Free Speech Online for Teenagers?

Writing on CNN, an American historian looks at the Supreme Court's recent 8-1 ruling in favor of the free-speech rights of Brandi Levy, who as a 14-year-old cheerleader had posted a photo to Snapchat cursing out her school and its cheerleading program. But the historian also suggests where this ruling came up short: In recent decades the Court has sought to widen public schools' parental and paternalist reach, shrinking the sphere of students' free speech rights... In Levy's case, she was using social media off-campus, outside of school hours, to express a criticism of an extracurricular activity. If her school could control that speech, then there would be very little space left for Levy to express herself. Yet the Court took too modest an approach to students' rights. The Mahanoy decision was much narrower than the lower court's. The Third Circuit had ruled that the school had no right to interfere with off-campus speech, a decision that would have significantly expanded students' rights. In Mahanoy, the Court ruled that schools may still regulate student speech off-campus, depending on the circumstances (though did not lay out a framework for those circumstances, leaving that to future court decisions)... [P]ublic schools are more properly (if less creatively) understood as, well, the schools of democracy, where students are taught and guided and given an opportunity to test out the rights of citizenship. Social media have become an integral part of students' public identity — indeed, of many adults' public identity. Students should be taught about the inevitable permanence of ephemeral speech. A Snapchat snap, an Instagram story, a Twitter fleet, all designed to disappear, can easily be made permanent. Levy thought she was making a relatively private, fleeting statement, only to find it memorialized in Supreme Court jurisprudence. But students should also have more speech protections, be allowed to criticize the institutions in which they spend so much of their time — and be largely free of their school's oversight when they are beyond the schoolhouse gates.

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