A First Amendment win
Back in August 2023, we discussed in this space the story of a Tullahoma High School student who posted satirical images or memes that made fun of his principal’s “overly serious behavior.” Although the images were posted on Instagram, were done outside of school hours and away from the school, the student was given a three-day out-of-school suspension.
Since the work was clearly an expression of the student’s First Amendment rights, the suspension by the school — in a legal stipulation signed by Susan K. Lee, chief U.S. magistrate judge (in Chattanooga) — eventually was removed from the student’s record, and pages from the student handbook that students cannot “embarrass,” “discredit” or “humiliate” members of the school community or cannot make posts on social media “unbecoming of a Wildcat” (the school’s team nickname) were removed. The principal left the school at the end of the year.
Because of the judicial agreement, we thought the case was over, but, two and a half years later, a federal jury in Knoxville this week also ruled in favor of the student, who had filed suit — with the help of the Foundation for Individual Rights and Expression (FIRE) — over the issue. Although monetary damages were sought, the jury did not find that the violation of the student’s First Amendment rights caused him injury, and awarded damages of $1.
“This isn’t just a victory for our client,” said FIRE attorney Conor Fitzpatrick, “but also for any high school student who wants to express themselves online about school without fear of punishment. Our client’s posts caused no disruption, and what teens post on social media is their parents’ business, not the government’s.”