As a student or faculty member, you may feel that your personal website or blog is a private space to express your views, share experiences, or explore controversial topics. But what happens when your university takes issue with what you’ve written? Can a school legally discipline someone for speech made outside of campus platforms? Understanding your rights–and the limitations on those rights–is crucial, especially when the content touches on controversial and/or political issues. Read on and reach out to our higher education lawyers to learn about how and when a university may limit your speech on personal websites or blogs. Here are some of the questions you may have:
Does the First Amendment Protect Off-Campus Online Speech?
If you attend a public university, your speech is generally protected under the First Amendment—even when expressed on personal platforms like blogs, websites, or social media.
However, the protection is not absolute; public universities may discipline students or employees for off-campus speech if it causes a substantial disruption to campus operations or is threatening, harassing, or otherwise unlawful. For example, if a blog post encourages violence against specific individuals or encourages harassment, a university could have the right to intervene.
Students at private universities, on the other hand, do not enjoy the same constitutional protections. Instead, their rights depend on the institution’s own policies. If a private university promises freedom of expression in its student handbook or codes of conduct, it may be contractually required to honor those commitments—even for off-campus speech. But if the university’s policies itself explicitly limit speech – such as a religious college that prohibits speech considered blasphemous – then taking action may be within the school’s rights.
Can Faculty or Staff Be Disciplined for Blog Posts?
Faculty and staff at public institutions also have protection for speech on personal websites or blogs, but there are limits. If the speech is made in the employee’s personal capacity and addresses matters of public concern, it is protected by the First Amendment. However, when writing relates directly to an employee’s official duties, or when it does not address a matter of public concern (such as a post consisting of personal complaints about your colleagues), it may fall outside of constitutional protection.
At private universities, employment contracts and institutional policies again play a central role. Some private schools emphasize academic freedom and may explicitly allow faculty to express personal views, while others may reserve the right to take action if the speech is deemed harmful to the university’s reputation or mission.
What Should You Do If Your University Takes Action Against You?
If your university has issued a warning, initiated disciplinary proceedings, or taken other adverse action in response to your personal website or blog, it is important to act quickly. Start by reviewing your school’s policies regarding speech and expression. Document any communications you’ve received and be certain to save an original copy of the content in question if you are forced to take it down.
It’s also wise to consult with a lawyer experienced in First Amendment or campus discipline-related matters. An attorney can help you understand whether your rights have been violated and what steps you can take to protect yourself. Free expression is a core principle in higher education, but when that principle is tested, knowing the law is the first step in defending it.
If you believe your university has taken unfair action against you and is wrongfully limiting your speech, simply contact Allen Harris today.