This past week, the 6th Circuit released a ruling affirming a districts court holding that a school did not violate a student’s 1st Amendment Rights when they suspended them for comments made off-campus on a personal Instagram account. Kutchinski v. Freeland Community School District, 6th Circuit 2023.

School officials have always served as parents (loco parentis) and in most cases can provide consent for law enforcement to speak to students. This may sound surprising as most parents, even educators, would not allow law enforcement to speak to their children without them being present.

C1.G and several friends were at a thrift store on Friday 13th, 2019. They placed wigs and hats on, one of which resembled a foreign WWII military hat. C.G. posted the picture to Snapchat stating “Me and the boy’s bout to exterminate the Jews”. While C.G. removed the post an hour later and posted an apology the next day, a parent had taken a screenshot and reported it to the school.

Ever since the landmark Tinker v. Des Moines case, it is well established that students do not shed their rights at the schoolhouse but also that school officials have been given greater latitude to allow them to ensure a safe learning environment for all students.