2) An emerging issue related to Freedom of Expression in School involves the use of technology and social media. Just this past summer there was a Supreme Court case concerning a student's Snapchat post and the district punishing her for what she posted. Educators should continue to watch and see how technology and social media impact Freedom of Expression in schools. 

Link: https://www.nea.org/about-nea/media-center/press-releases/supreme-court-strikes-right-balance-student-free-speech-case
Summary:
On June 23, 2021 the National Education Association (NEA) released this press release concerning The Supreme Court 8-1 opinion in Mahanoy Area School District v. B.L., a case that questioned whether schools can legally punish students for speech on their social media accounts, even outside of school hours and away from school campuses. The NEA "issued a friend-of-the-court-brief arguing that although the students in our public schools enjoy the right to speak and advocate for themselves-particularly when that expression is off campus and online-the ruling could impair the ability of schools and educators to protect students from harassment and bullying." 

Citation: U.S. Const. amend I 

Link: U.S. Constitution - First Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

              The first amendment of the U.S. constitution outlines freedom of speech. Under this amendment students have the right to express their opinions and ideas without the fear of retaliation. However, there are some stipulations of this concerning students in the school or university setting. Students cannot disrupt the functioning of the school/university or violate school/university policies. Such actions are labeled “disruptive activities.”

Citation: Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)

Link: Facts and Case Summary - Tinker v. Des Moines | United States Courts (uscourts.gov)

              This extremely influential Supreme Court case concerns free speech in school. The students in this case wore black armbands to protest the Vietnam War. The court determined the arm bands were not disrupting school activities or the rights of others. Essentially, the Supreme Court held that public school students can exercise their first amendment rights and express their opinions at school as long as they are not disruptive in nature. 

Citation: Student Code of Conduct, Tex. Educ. Code § 37.001

Link: EDUCATION CODE CHAPTER 37. DISCIPLINE; LAW AND ORDER (texas.gov)

              Per the Texas Education Code, “A person commits an offense if the person, alone or in the concert with others, intentionally engages in the disruptive activity…” The Texas Education Code outlines what is considered a “disruptive activity” on any private or public-school campus.

·       Obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school 

·       Seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity 

·       Preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force, or violence is likely to occur 

·       Disrupting by force or violence or the threat of force or violence a lawful assembly in progress 

·       Obstruction or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the school. 

Citation: Tex. Const. art. 1, § 8. 

Link: THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

              The Texas constitution also protects freedom of speech for citizens of Texas. Texans can freely express their own personal opinions, thoughts, and ideas through speech and press. Section 8 of the Texas Bill of Rights states, “Every person shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the livery of speech or of the press.” 

Citation: Texas State University. (2019). Demonstrations on University Property. UPPS 07.04.07 - Demonstrations on University Property : Policy and Procedure Statements : Texas State University (txstate.edu)

Link: UPPS 07.04.07 - Demonstrations on University Property : Policy and Procedure Statements : Texas State University (txstate.edu)
 
 

              Texas State University’s Demonstrations on University Property outlines how the institution supports freedom of expression and guidelines and policies for students to follow when on campus. This local policy also provides definitions for the reader and procedures for violations of the policy.