Twitter and Student Free Speech

Summary

An 18-year old Kansas high-school senior attended a field trip with her Youth in Government program. She posted a tweet disparaging of Governor Sam Brownback and containing off-color language to her 65 followers. The governor’s staff noticed the tweet in the course of their regular monitoring of social media, and contacted the Youth in Government program. The student’s principal told her she would have to write a letter of apology to the governor; she refused. (Shawnee Mission School District later said she would not be required to write an apology.) The governor’s office later apologized for overreacting. This eLesson explores the First Amendment implications of these events.

Resources:

First Amendment Freedom of Speech—the Bill of Rights Institute

Kansas gov. says staff overreacted to teen's tweet—Associated Press

Teen tweeter 1, Kansas governor 0—LA Times

Kansas High School Student Punished For Sam Brownback Tweet—NBC Action News

Discussion Questions:

1. What actions did Governor Brownback’s office and the student’s principal initially take in response to her tweet disparaging Governor Brownback?
   
   
2. How did the student argue the First Amendment applied to her actions?
   
   
3. Are there First Amendment implications to the Governor’s office practice of monitoring social media for mentions of the governor’s name? Why or why not?
   
   
4. Governor Brownback posted on his Facebook page, “My staff overreacted to this tweet, and for that I apologize. Freedom of speech is among our most treasured freedoms.” How would you respond?
   
   
5. Governor Brownback went on to thank educators, “who remind us daily of our liberties, as well as the values of civility and decorum." What responsibilities do individuals have when it comes to moderating their own political speech and contributing to the quality of civil discourse? Explain.

Extensions:

How does this situation compare to other public school-based First Amendment controversies? Create a Venn Diagram comparing and contrasting the types of student speech and school responses with those in Tinker v. Des Moines (1969) and Morse v. Frederick (2006).

Regardless of their view on the propriety of this particular tweet, have students participate in Free To Tweet, celebrating freedom of speech in the United States.