“YOU’RE ONLY ASKING FOR TROUBLE”: THE CONSTITUTIONAL LIMITS AND COLLATERAL CONSEQUENCES OF CENSORING YOUTH ONLINE SPEECH

Robert M. Quackenbush

Abstract

This Article surveys the case law concerning public school officials sanctioning students for their off-campus online speech on social forums such as Facebook. In particular, it explores how many courts have continued to treat off-campus online speech as if it happened on-campus and within the legitimate authority of school officials. The Article argues that speech-restrictive courts have misread Tinker v. Des Moines, 393 U.S. 503 (1969) and its progeny such that they give school officials nearly unfettered authority to punish off-campus speech upon their mere speculation that it would disrupt school activities. Further, the author explores the collateral effects that these speech-restrictive standards of review can have on the teaching profession and the civic development of students whose speech has been chilled, and the Article compares these speech-restrictive standards of review with the more generous speech protections given to members of the United States military, even during wartime. Lastly, the Article reviews, critiques and adopts a practical speech-protective standard which would also address the legitimate concerns of educators.