Protect Public School Students from Surveillance of Off-Campus Speech
14 days ago
- #First Amendment
- #digital surveillance
- #student privacy
- EFF filed an amicus brief to protect public school students' freedom of speech and privacy, arguing that using school-issued devices doesn't automatically place students 'on campus'.
- A student was suspended after Gaggle surveillance software flagged a joke draft written at home on a school-issued Chromebook, despite no threat being sent.
- The case Merrill v. Marana Unified School District involves First and Fourteenth Amendment violations regarding off-campus speech and due process.
- Supreme Court precedents like Tinker v. Des Moines and Mahanoy v. B.L. limit schools' ability to regulate off-campus speech unless it poses a credible threat.
- Schools use invasive surveillance tools like Gaggle, GoGuardian, and Securly, monitoring students' digital activities, chilling free expression.
- EFF argues against categorizing school device use as 'on campus,' highlighting harms like inequity, chilling effects, and erosion of student privacy.
- Lower-income students face greater surveillance due to reliance on school devices, creating a 'pay for privacy' disparity.
- Constant digital surveillance harms students through unnecessary investigations, discipline, and stifled learning and self-expression.