Third Circuit Student Speech Cases Illustrate Struggle to Characterize Communication Through Social Media

I promise not to get in the habit of cross-linking to my own blog, but it’s worth adding something to the Slaw record on the February 4th student speech decisions of the United States Third Circuit Court of Appeals, even by way of cross-link. Layshock v. Hermitage School District and J.S. v. Blue Mountain School District deal with sanctions imposed by school boards for “misuse” of social media in strikingly similar circumstances, but the Court reached the opposite conclusion in each case. As I argue here, the conflicting awards illustrate a dialogue about whether to recognize the unique impact of harmful social media use by students. Very interesting and very relevant, so please forgive me and comment on matters of substance below.