This week, the Court considers when the First Amendment limits
the ability to discipline students for private off-campus
speech.
The Court holds that a public school may, consistent with the
First Amendment, discipline students for private off-campus speech
that bullies or harasses particular classmates.
The panel: Judges Gould, Collins, and Silver
(D. Ariz.), with Judge Collins writing the opinion and Judge Gould
concurring.
Key Highlight: "[Plaintiff] again
emphasizes that he did not ever intend for the targets of his posts
to ever see them. But having constructed, so to speak, a ticking
bomb of vicious targeted abuse that could be readily detonated by
anyone following the [social media] account, [Plaintiff] can hardly
be surprised that his school did not look the other way when that
shrapnel began to hit its targets at the school. And, as we have
explained, recognizing an authority in school
