Do Courts Consider the Degree of Discipline When Adjudicating Off-campus Student Speech?

Abstract

ABSTRACTThe purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that specifically address the issue of off-campus student speech resulting in on-campus discipline, dividing the cases into reasonable and unreasonable discipline groups, and documenting the outcomes of the cases in the two groups. Further analysis of themes in off-campus speech, the response by schools, and similarities in court decisions were noted.