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20 Nev. L.J. 1 (2019-2020)

handle is hein.journals/nevlj20 and id is 1 raw text is: THE FIRST AMENDMENT, SOCIAL MEDIA, AND THE PUBLIC SCHOOLS: EMERGENT THEMES AND UNANSWERED QUESTIONS Watt Lesley Black, Jr. and Elizabeth A. Shaver* TABLE OF CONTENTS IN TR O D U C TIO N ............................................................................................. . . 2 I. THE SUPREME COURT, THE FIRST AMENDMENT, AND PUBLIC S C H O O L S ........................................................................................... . . 5 A. The Public Educator's Speech Rights......................................... 5 B. The Public-School Student's Speech Rights .............................. 10 II. PUBLIC EDUCATOR SPEECH: EMERGING ISSUES AND TOPICS ........... 15 A. Connick is Rarely Decisive in Cases Involving Public Employees'Online Speech ....................................................... 18 B. Online Employee Expression is Rarely Pursuant to Job Duties... 23 C. The Pickering Balancing Test is Frequently Decisive in Cases Involving Public Employee Speech............................................ 25 III. STUDENT OFF-CAMPUS SPEECH: CONFUSION AND DIVISION............ 26 A. Shifting Sands: The Federal Appellate Courts Create, Modify, and Redefine the Scope ofSchool Authority Over Students' Off-Campus Speech .................................................................. . 28 B. Discipline ofStudent Off-Campus Speech That Threatens Violence Invariably is Deemed to be Constitutional ................ 35 C. The Courts Are Inconsistent in Their Approaches to Different Forms of Speech, Particularly Photographs andActivity on Social M edia Platform s ............................................................ . 37 IV . THEMES AND IMPLICATIONS.............................................................. 46 A . Scope ofA uthority .................................................................. . 46 B. The Concept ofDisruption Differs between Educators and S tu d en ts.................................................................................... . 4 7 * Watt Lesley Black, Jr., Ph.D. is a full Clinical Professor in Education Policy and Leader- ship in the Annette Caldwell Simmons School of Education and Human Development at Southern Methodist University in Dallas, Texas. He has previously published on the First Amendment rights of both public-school students and employees in cyber-space. Elizabeth Shaver, J.D. is an Associate Professor of Legal Writing at the University of Akron School of Law. She has previously published on the topic of students' First Amendment rights. 1

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