How a high schooler's angry Snapchat led to “the most student-speech protective decision in the country right now”


In B.L. v. Mahanoy Area School District, the Third Circuit Court ruled on June 30, 2020 that students are afforded the same rights as everyone else when they aren’t on school grounds. That means students in Pennsylvania, Delaware, and New Jersey can’t be punished by their schools for off-campus (including online) speech whose means of publication is not officially tied to school.

The case was filed by a high school student who was kicked off the cheerleading team for cursing the team on Snapchat. The ACLU of Pennsylvania represented the student.

SPLC joined other First Amendment groups in filing an amicus brief in the case, arguing schools should not be able to police off campus speech. The brief also argued that preserving the free speech rights of students is even more important today given the role social media plays in young people's lives.

"Young people are citizens and they are entitled to the same rights as everyone else outside of school,” said SPLC Senior Legal Counsel Mike Hiestand.

The ruling is only binding law within the states in the Third Circuit, but it could play an important role in influencing other courts deciding on the issue within their jurisdictions. 
Read more about the decision
Photo by Sharon Chischilly / Daily Lobo
 

Students covering protests continue to face police violence

This past weekend in Portland, Oregon, police threw a flash-bang right at a high school journalist who was covering the protests for her school paper, Clypian. Student journalists have also been pepper sprayed, and tear gassed by police in other cities. With this unprecedented level of police violence against student journalists, it's more important than ever to be prepared.

SPLC has an extensive guide to covering protests packed full of information that can help you stay safe and do your best reporting. Before you head out into the field, make a contingency plan for if you get injured or arrested, and take safety precautions like working with a buddy, clearly identifying yourself as news media, and maintaining situational awareness so you can get somewhere safe if things escalate. Our guide will walk you through how to make those plans. 
See the full guide

Q: Our publication has posted online photos of police brutality protests in our city, and we are receiving requests from politically active students to blur the faces of protesters who can be identified in the photos. Are we legally required to blur these photos or to refrain from publishing photos of protesters in the future when their faces are visible?

A: Legally, if the protesters were in a public place when you took these photos, they have a severely minimized expectation of privacy and you are within your rights to publish photos showing their faces. Just as they have the right to protest in public, you have the right to document their actions. 

There is some debate among journalists, however, over the ethics of showing faces of protestors. Although people who participate in protests and other public events do so knowing they are taking the risk of being identified, journalists should always be mindful of the duty to minimize harm. It is important to realize that there are legitimate concerns that some populations have when it comes to being identified in photos like these. Consider what your goal is in your coverage and what sorts of photos you will need to accomplish that goal. Do you need to use up close photos, or will a zoomed out shot accomplish what you are seeking?

It may be helpful to come up with a policy as a staff about how to document these kinds of protests and stick to that as you move forward. 

For more about your rights while covering protests, check out our full guide.

See previous Ask SPLC answers

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