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.

N.C. ruling sets back college athletes’ ability to challenge removal from teams

There's an intriguing new ruling out from North Carolina's Court of Appeals that, while not directly related to free expression, portends difficulty for the inevitable legal challenge as more college athletes are punished for what they say on social media.The court of appeals decided Tuesday that a former Tar Heels football player has no claim against either the University of North Carolina or the NCAA for the loss of earnings he believes he suffered when he was barred from the team for his senior season, leaving him to enter the NFL as an undrafted free agent receiving the league's minimum salary.Michael McAdoo was kicked off the team after being accused of accepting inappropriate help from a tutor in completing a term paper for (yes, really) his Swahili class, leading the NCAA to declare him ineligible to play.On top of the NCAA disqualification, UNC suspended McAdoo for a semester and put him on academic probation, but did not take away his athletic scholarship entirely.It's worth perusing the entire opinion, but the bottom line is that, in the view of the three-judge panel in North Carolina, McAdoo has no case because he lost only playing time, not his scholarship, housing and other tangible university benefits.

New social media privacy protection laws take effect for the New Year

It's a happier new year in California, Michigan and Illinois, where the privacy of social networking sites gains new legal protection today.Effective January 1, it's illegal for employers in those three states to demand the login or password information for employees' or applicants' personal social media pages.

New Jersey bill protects college students’ social media passwords, usernames

A bill awaiting the governor's approval in New Jersey would make it illegal for colleges and universities to require students or applicants' social media user names or passwords.The bill prohibits both private and public colleges or universities from asking for social media passwords or usernames.

Texas students, arrested for creating fake Facebook profile, released from juvenile facility

The two young girls arrested for creating a fake Facebook page and posing as a classmate have been released from the Granbury Regional Juvenile Justice Center in Texas, the local director of juvenile probation said Tuesday.Director Beth Pate could not, however, say when the girls were released, and it was unclear how long they spent in the juvenile facility.The girls, ages 12 and 13, were each arrested July 16 on a count of online impersonation, a third-degree felony, said Hood County Sheriff Roger Deeds.