Chapter 10 Student Conduct in the Digital Age: When does the First Amendment Protection End and Misconduct Begin?

With the rise of social networking and the immediacy of electronic communication, the potential for harassment, threats, cyberbullying, perceived defamation, and general incivility is greater than ever before. First Amendment issues create legal, philosophical and practical problems for administrators. In this chapter, the authors examine the intersection of First Amendment protections and student Internet conduct and provide practical information that student conduct administrators can readily apply in their daily work. Included are First Amendment definitions and concepts, an overview of policy considerations to protect the rights of both the individuals involved and the institution, a discussion of the distinctions between public and private institutions, investigation strategies, and a case study to walk readers through an examination of the issues and decision-making best practices for student conduct administrators.