Freedom of Speech in a Digital Age

digital age freedom of speech in a StuCo raises ire after blocking students

As her friends began finding out they were her concerns over the video as a choir member. After blocked from the @free_state_stuco finding out she was blocked from the account, Hefty Instagram account, senior Amelia Lang reasoned it must have been because of the email. realized she was also banned from the “At least, that’s what [my friends and I] thought account. Lang was “frustrated” because initially,” Hefty said. “We were like ‘okay so, like, we’ve she had never interacted with the account. called out StuCo for doing things before, that must be

“I didn’t really see what I’ve done to deserve such a why we were blocked on Instagram.’” thing,” Lang said. However, after talking with StuCo publications

Months before this discovery, Lang and at least one officer Ruthie Mutuku, Hefty found out she was other student expressed their disappointment online blocked after liking a post that said ”#AbolishStuCo.” after Student Council posted a picture of several In April, Prom court candidates were announced members violating social distancing guidelines in the through a post on StuCo’s Instagram account. Senior school building on Nov. 17. As a result, StuCo sponsor Drew Raney and a recent alumnus both commented, Katy Hayden asked Lang and another student to meet “Okay, but how many of these people are blocked?” with her. on the post. Both comments were then taken down

“So, she was just pretty dismissive of our concerns,” and the post was removed and reuploaded with Lang said. “And then, eventually, she kind of just commenting disabled. ended the conversation by telling us that we have, like, The next day, Hayden emailed Raney, Hefty, Lang killed StuCo’s joy for this thing that they were doing.” and three others saying she “couldn’t discuss all of

Others were also blocked for critiquing the the specifics of blocking users,” but “using profanity, organization. sending hate messages and liking or associating

In a video produced for the delayed Homecoming yourself with any of these messages” is a violation of assembly, Hayden was shown pushing students the student handbook. away with meter sticks in a skit imagining what a Raney replied asking for examples of what socially-distanced school dance would look like. It comments Hayden deemed hateful. She responded also imagined choir as a cult-like organization, with with “No. Sent from my iPhone.” members standing in a circle and chanting “down with “My jaw hit the floor,” Raney said. LHS” at a rehearsal. “I think some students thought, ‘Oh, it’s our right

One student, who asked to remain anonymous to be on your Instagram,’” Hayden said. “It’s not. It’s out of fear of harassment, said watching the skit as a not a right. It’s a privilege.” choir member was “heartbreaking.” She sent an email However, Mike Hiestand, senior legal counsel of to Principal Myron Graber, assistant principal and the Student Press Law Center, said this situation might activities director Matt Renk and Hayden explaining have been a violation of the First Amendment. her grievances. Weeks later, she realized she was also “[If the district is] giving public money to the blocked from the account. student government and they are the body charged

“Either my private email to Ms. Hayden was shared with distributing that money, yeah, that’s kind of what and then one of the students blocked me, or Ms. courts have looked at at the college level to say that Hayden blocked me herself after I sent this email,” ‘yes,’ college student governments can be considered the student said. “I had not posted or liked anything public officials,” Hiestand said. relating to StuCo’s poor decision making on my While he had never heard of this happening on 14 Instagram.” Senior Lindsey Hefty also sent an email with a high school level, Heistand cited a 2017 court case that decided social media accounts of public officials

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are “public forums” funded by taxpayersand therefore, cannot be restricted from the public. Essentially, StuCo may not have the right to block people for criticizing them on social media without exposing the district to legal liabilities.

According to Julie Boyle, the executive director of communications, the district currently has no policy regulating how school organizations moderate their social media accounts. However, she says the school board’s policy committee has been researching social media policies and may bring one to the board for approval in the future.

However, Hayden does not believe that a policy is necessary.

“Do you have to write every rule down?” Hayden asked. “It becomes ridiculous.”

At the time of publication, administration has not responded to a request for comment. There are discrepancies in the timeline given by various members of StuCo as to if or when administration approved the blocking and what triggered the decision to do so.

“I feel the real loss is the loss of respect I have for many of my classmates now,” the anonymous student said. “There are so many people I used to respect so heavily within StoCo, but seeing their reactions and participation in the belittling of their peers has made me reevaluate my thoughts regarding those students and the StuCo program as a whole.”

Regardless of a policy, building trust among their student body may be one of the biggest hurdles StuCo will have to face.

“This is censorship, I mean, when you’re blocking students for speaking out, certainly as a student government that just felt lousy, whether it’s illegal or not,” Hiestand said.