Can a Principal Punish a Student for a Viral Social Media Post After School Hours?

Can principles punish a student for their social media posts? The answer to this question primarily revolves around the posts’ content and the post’s time. Social media includes apps and websites like TikTok, Facebook, Instagram, Snapchat, and Twitter. 

It is now straightforward to access the internet. Students rarely pay attention in class and always jump on the latest trends, even during school hours. 

This article concerns a student whose principal punished her for a social media post after school hours. You might say the principal has no right, but don’t jump to conclusions until you read the whole story.

In the video, the student got permission from the teacher to use the bathroom. Instead of going to the bathroom like he said, he went outside and started making a video. He didn’t post the video until after school hours. However, the principal saw the video and called him out for making a video when class was in session.  

So, is the school principal right or wrong? According to the famous TikTok lawyer UgoLord, the school has every right to punish a student who broke the rules any day, anytime. Because even though he posted the video after school, the fact remains that he did the video when he was supposed to be in class.

Similar occurrences to this video occur frequently regarding students and social media posts. Thus, the following information, including legal guidance, can be helpful if you’re a student who enjoys posting on social media but doesn’t want to break any rules.

Will Your Rights Be Different if You Use a School Computer or Device Instead of Your Own?

The answer is YES. This is because most schools have rules for their students’ social media posts, computers, and devices that you have to follow. Your school may also install software on its own devices that monitor your activity, including browsing history.

If you use a shared school computer or device to access social media, log out of your accounts so that no one can access your private information later.

Can Your School Search for Your Social Media Activity Without Telling You?

SOMETIMES. Suppose your school starts a social media posts monitoring program. In that case, your school district must let you and your parents know, allow you to see the information it has collected about your social media activity, and delete it when you leave the district or turn 18. 

California Education Code § 49073.6 states that if your school does not have a monitoring program, you do not have the right to know what information teachers and officials find through their social media search. Remember, anybody can see anything you post publicly, including police officers, teachers, officials, and other students.

Can You Be Disciplined for Something You Say on Social Media During the School Day?

YES. But only for certain types of speech on social media. If you say something on your social media posts during school hours or at a school function or event that officials believe could lead to a “substantial disruption,” your school can discipline you.

What Counts as A “Substantial Disruption”?

Your speech is a substantial disruption when it encourages violations of school rules, and illegal activities, or it risks causing a big interference with the education of other students. For example, threats to other students or your teachers using social media will likely be considered a substantial disruption.

Can You Ever Be Disciplined for Something You Say on Social Media off Campus and Outside of School Hours?

SOMETIMES, depending on what you say. If you use your device and accounts outside of school hours and your social media posts are not related to school, your school cannot discipline you for those posts.