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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: Comment 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. 717 * J.D. Candidate, Loyola University Chicago School of Law, 2019.

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