49 Loy. U. Chi. L.J. 717 (2017-2018)
Reviewing the Impact of the Supreme Court's Interpretation of Social Media as Applied to off-Campus Student Speech

handle is hein.journals/luclj49 and id is 763 raw text is: 


     Reviewing the Impact of the Supreme Court's
  Interpretation   of Social   Media   as  Applied   to Off-
                  Campus Student Speech

                       Katherine A. Ferry*

   The Internet and social media have a profound impact on society as a
whole, but especially on teenagers. As technology continues to evolve,
and more  people gain access to social media, online speech will only
serve to enhance the ways in which students engage and communicate.
Inevitably, problems continue to arise; specifically, how much schools
curtail students' First Amendment rights to maintain a productive
educational environment. The Supreme Court articulated that students
have First Amendment rights in the schoolhouse in Tinker v. Des Moines
Independent Community  School District, but the Court has not faced the
issue of whether speech occurring off-campus is afforded the same
protection. The federal appellate courts have applied Tinker and its
progeny to off-campus speech, but distorted the framework, leading to
inconsistent First Amendment protection. However, the Supreme Court
recently held social media garners First Amendment  protection in
Packingham  v. North Carolina
   This Comment  explores the Supreme Court's holdings on student
speech and social media, and ultimately argues for school districts to
implement  their own policies regarding off-campus speech until the
Supreme  Court provides guidance. It will first explore the seminal
Supreme  Court cases on school speech and the federal appellate courts'
split. Then, it examines the Supreme Court's holdings regarding the
Internet and social media. Next, it will analyze the multiple tests applied
by the federal appellate courts and critique individual school social
media policies. It concludes by recommending a model framework for
schools to use while drafting individual social media policies.


* J.D. Candidate, Loyola University Chicago School of Law, 2019.

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