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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.


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