Social Media and Free Speech in Education and Sport
Social Media and Free Speech in Education and Sport
Citizens, including students, are guaranteed the constitutional right of freedom of speech . [...] the question becomes, how should administrators balance students ' First Amendment rights with the school 's responsibility to regulate student speech that is disparaging to staff members or coaches or disruptive to the educational environment or team dynamics? The phenomenon of social media in its various forms; Facebook, MySpace, Twitter, among others has presented school administrators and coaches with a new twist on an old issue: criticism by students and student athletes in the scholastic setting. Instead of sending hate mail to the coach, or posting a caricature of the principal in the cafeteria, students now can quickly disseminate, to a vast authence, public criticism of school officials, complete with pictures and video. Citizens, including students, are guaranteed the constitutional right of freedom of speech . Therefore, the question becomes, how should administrators balance students ' First Amendment rights with the school 's responsibility to regulate student speech that is disparaging to staff members or coaches or disruptive to the educational environment or team dynamics? In the summer of 2011, the U.S. Court of Appeals for the Third Circuit wrestled with the competing interests of "safeguarding students ' First Amendment rights and protecting the authority of school administrators to maintain an appropriate learning environment" in the case of J. S. v. Blue Mountain School District,T\\e case involved a student who was suspended for creating a fictitious MySpace profile regarding her middle school principal. The student 's parents sued the school system on her behalf for violating her First Amendment right to free speech .
Facts of the Case
J.S. was an eighth grade student with no history of disciplinary problems until she was disciplined for
Citizens, including students, are guaranteed the constitutional right of freedom of speech . [...] the question becomes, how should administrators balance students ' First Amendment rights with the school 's responsibility to regulate student speech that is disparaging to staff members or coaches or disruptive to the educational environment or team dynamics? The phenomenon of social media in its various forms; Facebook, MySpace, Twitter, among others has presented school administrators and coaches with a new twist on an old issue: criticism by students and student athletes in the scholastic setting. Instead of sending hate mail to the coach, or posting a caricature of the principal in the cafeteria, students now can quickly disseminate, to a vast authence, public criticism of school officials, complete with pictures and video. Citizens, including students, are guaranteed the constitutional right of freedom of speech . Therefore, the question becomes, how should administrators balance students ' First Amendment rights with the school 's responsibility to regulate student speech that is disparaging to staff members or coaches or disruptive to the educational environment or team dynamics? In the summer of 2011, the U.S. Court of Appeals for the Third Circuit wrestled with the competing interests of "safeguarding students ' First Amendment rights and protecting the authority of school administrators to maintain an appropriate learning environment" in the case of J. S. v. Blue Mountain School District,T\\e case involved a student who was suspended for creating a fictitious MySpace profile regarding her middle school principal. The student 's parents sued the school system on her behalf for violating her First Amendment right to free speech .
Facts of the Case
J.S. was an eighth grade student with no history of disciplinary problems until she was disciplined for
References: Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986). Brentwood Academy v. Tennessee Secondary Sch. Athletic Assn., 531 U.S. 288(2001). Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988). Lowery v. Jefferson County, 497 F.3d 584 (6th Cir. 2007). Morse v. Frederick, 551 U.S. 393 (2007). Tinker v. Des Moines Independent Community Sch. Dist, 393 U.S. 503 (1969). Vernonia Sch. Dist. v. Acton, 515 U.S. 646 (1995). AuthorAffiliation Jim Bemiller (jimb@utk.edu) and Sylvia Trendafilova (sylviat® utk.edu) are assistant professors in the Department of Kinesiology, Recreation and Sports Studies at the University ofTennessee, in Knoxville, TN 37996. Word count: 2064 Copyright American Alliance for Health, Physical Education and Recreation Jan 2012