Spotlight shines on colleges' regulation of student-athletes social media posts

In a new law journal article, Frank LoMonte, executive director of the Student Press Law Center, makes a case for why universities shouldn’t regulate student-athletes’ social media accounts and online speech.“What makes social media novel and empowering — that it is an immediate, unfiltered way to ‘speak’ with thousands of people — is also what makes it frightening to campus regulators,” LoMonte writes.

At a public institution, the First Amendment protects students' ability to express themselves free from government sanction, and the Due Process Clause protects against the removal of public benefits in an arbitrary way or without adequate notice.

Kansas Regents are backpedaling on controlling employees’ off-campus online lives. Why should they even want to try?

I've got a column on today's Inside Higher Ed that looks from a constitutional-law perspective at how badly the Kansas Board of Regents overreached in trying to make just about anything an employee says on the Internet grounds for disciplinary action, including firing.As I explain in the essay, the Supreme Court made what should have been understood as a minor exception to the First Amendment in a 2006 case called Garcetti v.