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.

T.C.A. § 49-6-3401 lists the grounds on which a student may be suspended in Tennessee. The list is not exhaustive, reading carefully you will notice that those violations…