Students often take to social media, online review platforms, or even personal blogs to share their thoughts about professors, campus policies, and academic experiences. Some posts are glowing; others, not so much. However, when a student’s online comment about a faculty member crosses into critical or negative territory, you may wonder if a university can discipline them for something said outside of the classroom. Continue reading and reach out to a knowledgeable higher education lawyer from Allen Harris to learn whether students can be disciplined for online comments or reviews about faculty. Here are some of the questions you may have:
What Rights Do Students Have When Speaking Online?
Students at public universities generally have strong free speech protections under the First Amendment. This means that, in most cases, they cannot be punished for expressing opinions, even if those opinions are critical of faculty members. Public institutions, as government entities, must tread carefully before disciplining students for speech-related conduct. However, this protection is not absolute, as speech that crosses into threats, harassment, or defamation may lose constitutional protection, opening the door for disciplinary action.
On the other hand, this isn’t always the case for students at private universities. Private institutions are not bound by the First Amendment in the same way public universities are. Nevertheless, many private schools voluntarily commit themselves to upholding free expression principles, often publishing these commitments in student handbooks or codes of conduct. In those cases, a breach of promised speech rights could potentially lead to a contractual claim if a student is disciplined unfairly.
When Can a University Legally Discipline a Student for Online Speech?
Universities do have the authority to intervene when a student’s online behavior violates specific policies, especially when that behavior directly affects campus safety, learning environments, or violates Title IX regulations. If an online comment is perceived as sexually harassing, threatening, or creating a hostile environment for faculty or other students, a university may initiate an investigation. Under Title IX, institutions are required to take reports of harassment seriously, and online statements can, depending on the context, trigger these obligations.
Furthermore, accusations of defamation (false statements that damage someone’s reputation) are another potential concern. If a student posts verifiably false and damaging statements about a faculty member, the school might not only discipline the student internally, but the faculty member could, in theory, also pursue a civil lawsuit. However, universities still must carefully balance the need to protect staff with the need to respect students’ rights to critique educational practices and personnel.
How Can Students Protect Themselves When Speaking About Faculty Online?
Students who wish to share honest feedback about their educational experience should do so thoughtfully and factually. Avoiding personal attacks, sticking to verifiable facts, and expressing opinions clearly as opinions (rather than statements of fact) can offer substantial protection against claims of harassment or defamation. It is also wise for students to familiarize themselves with their school’s code of conduct and understand what behaviors could lead to disciplinary action.
If a student is facing disciplinary proceedings for online speech, they should strongly consider speaking with an attorney who understands the protections for free speech in higher education. In many cases, early intervention can prevent a misunderstanding from becoming a formal disciplinary record.
Ultimately, while universities have some leeway to respond to harmful online speech, they cannot arbitrarily silence students’ critical voices.