The First Amendment, Social Media, and Off-Campus Speech: SCOTUS Weighs In

The First Amendment, Social Media, and Off-Campus Speech: SCOTUS Weighs In

What is going on in Pennsylvania? In November 2021, the Supreme Court of Pennsylvania affirmed the Commonwealth Court’s conclusion that a school district had improperly expelled a student, J.S., after J.S. had accused another student on social media of being a school shooter – outside of the school day and off school property. While the school district claimed that J.S.’s posts substantially disrupted the school environment, both the Commonwealth and Supreme Courts of Pennsylvania concluded that J.S.’s speech was protected under the

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Supreme Court Tetris: How Social Media and First Amendment Rights Fit Together

Supreme Court Tetris: How Social Media and First Amendment Rights Fit Together

Social media meets freedom of speech: a complicated topic I predicted would be debated among lawmakers more than 25 years ago when I first encountered Section 230 of the Communications Decency Act. Essentially, Section 230 shields internet service providers (and now – although they did not exist when the law was first passed – social media platforms) from legal liability for the content of what a user on its platform may post. This legislation was passed in 1996, and now, more

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