This topic is extremely important to administrators who may someday face the dilemma of having a student write or create a video in their own home that affects the school. The internet is not going away. Students are being given access to social media and the internet at even younger ages. Having to wade through varying law jurisdictions to determine when and how you can discipline a student is challenging. The Supreme Court still has yet to hear a case and weight in on any decision of this nature, leaving the lower courts to determine what rights have or have not been broken. In some cases, the courts have had differing outcomes (Underwood, 2016). 

Before an administrator decides on disciplining a student for what they have posted online while off campus, the following criteria should be met using Calder’s Effects Test. First, proof that the student committed the act. Second, that action was towards the school, students, and/or staff. There must be a connection, known as nexus, for this part to apply. Third, and extremely important, that the act resulted in substantial disruption to the school.  Schools may not trample on a student’s First Amendment Rights simply to avoid unease or because feelings were hurt. Administrators may base part three on the potential of substantial disruption if the speech was highly threatening or if previous similar instances have caused extreme disruptions (Stafford, 2017). A. Dagley and S. Weiler (2017) suggested, based on their findings, that an administrator’s response should not be reactionary, and the punishment should be reasonable. In their research 8 out of the 9 cases where the punishment was considered reasonable the court sided with the school compared to only siding with school 17 out of 24 when the resulting discipline was considered unreasonable.

For administrators this issue is like a double-edged sword. If an administrator acts, the student and their parents may attempt a lawsuit for violation of First Amendment Rights. If an administrator does not discipline the student, a lawsuit may be put in place by the victim. Administrators are supposed to provide a safe environment for students and faculty, but at the same they cannot trample the rights of another. Cyberbullying and threats are two of the biggest topics in today’s educational climate when discussing safety. School officials should not have to worry about potential legal retaliation when attempting to help someone, but nevertheless should.


Dagley, A. L., & Weiler, S. C. (2017). Do Courts Consider the Degree of Discipline When Adjudicating Off-Campus Student Speech? Clearing House: A Journal of Educational Strategies, Issues and Ideas, 90(5), 208–213.

STAFFORD, A. P. (2017). Resolving an Incoherent Doctrine: Regulating Off-Campus Student Speech with Principles of Personal Jurisdiction. Widener Law Review, 23(1), 135–167.

Underwood, J. (2016). Student online speech rights on and off campus. Phi Delta Kappan, 98(4), 76-77.