Marguerite is a poet who regularly performs at slam poetry events. Marguerite is also a student at a university, where her ex-boyfriend, Peter, and his current girlfriend, Amy, also attend.
Frustrated by the breakup, Marguerite recites a poem at a slam poetry event that disparages Peter and Amy. Given Marguerite’s popularity on campus, the video of her performance goes viral, and other students begin teasing Peter and Amy on campus.
Both Peter and Amy start taking online courses to avoid being on campus. School administrators review the video and submit it to the Student Disciplinary Board.
A:
If the Student Conduct Code at the university permits its Student Disciplinary Board to consider the off-campus behavior of its students, the Board may review the video to determine if Marguerite’s actions violated the Student Conduct Code.
Marguerite’s performance is likely to be considered expressive activity protected by the First Amendment, which means that the Board will not be able to discipline Marguerite based solely on the content of her performance. However, if Marguerite’s performance contained threats toward Peter or Amy, defamatory statements about Peter or Amy, or language that encourages or incites illegal activity, then Marguerite’s performance is not entitled to protection by the First Amendment and the Board would be able to discipline Marguerite based on the content of her performance.
The content of this website is for informational purposes only and should not be understood as legal advice. For help with any legal problems or concerns, including those similar to the situations described herein, a licensed attorney should be contacted. The contributors to this site do not claim or guarantee that the information provided is or will be accurate, correct, or effective in any particular situation, and should not serve as a substitute for competent legal counsel.
A:
The university will review Peter and Amy’s complaints and the other students’ actions in light of its Student Conduct Code and harassment policies. If it determines that students’ taunting rises to the level of harassment violating the institution’s harassment policy, the university should discipline these students.
Even if the actions are not deemed to be harassment, the university should offer resources and guidance to Peter and Amy that can help them return to campus and complete their studies in a hostility-free environment.
The content of this website is for informational purposes only and should not be understood as legal advice. For help with any legal problems or concerns, including those similar to the situations described herein, a licensed attorney should be contacted. The contributors to this site do not claim or guarantee that the information provided is or will be accurate, correct, or effective in any particular situation, and should not serve as a substitute for competent legal counsel.