College Arrest 101 Blog | Speech, Social Media and Discipline

The intersection of free speech, hate speech, social media and college discipline are playing out in campuses across the country and in some courts. College students use social media constantly and almost exclusively to voice their opinions and ideas. Many Universities have faced challenges when these opinions border on hate speech or racism and school officials are turning to the University Disciplinary system. Many University codes bar and punish many types of normally protected speech. Sounds unAmerican? Against the Constitution? What about the First Amendment? This is the challenge. For example, an App called Yik Yak has spurned a number [...]

By |2018-03-28T12:35:28+00:00January 25th, 2016|Legal Discussion, News Article Commentary|0 Comments
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College Arrest 101 Blog | Yes the Police Can Report Your Arrest to Your College

College students who have been arrested off campus may be under the incorrect impression that they are in the clear - that their school will not find out about the arrest and they can't be disciplined by the University for it. When in fact any police officer, prosecutor or anyone else can report misconduct to your college disciplinary office. And recall most student codes of conduct also apply to student activity which occurs off campus and even during vacation (read all about it here in my earlier blog post on this very dangerous topic). I have had students arrested off [...]

By |2014-08-04T23:51:52+00:00May 12th, 2014|Legal Discussion|Comments Off on College Arrest 101 Blog | Yes the Police Can Report Your Arrest to Your College
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College Arrest 101 Blog | A College Student, A Smartphone and the US Supreme Court . . .

Perhaps one of the most significant search and seizure cases for the digital age is centered around a college student who was initially pulled over for a routine traffic stop. He was ultimately arrested for driving with a suspended license and the police impounded his smartphone AFTER scrolling through it to find incriminating evidence of videos and photos of gang activity. The phone landed him in prison for 15 years. You can read aboutthe case here. The US Supreme Court will now decide whether the police illegally searched that smartphone without a warrant. Oral arguments on this issue were held [...]

By |2018-03-28T19:42:28+00:00April 30th, 2014|Legal Discussion, Uncategorized|Comments Off on College Arrest 101 Blog | A College Student, A Smartphone and the US Supreme Court . . .
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College Arrest 101 Blog | Twitter May Lead to Suspension

Colleges and Universities, like the rest of the world, are dealing with the rapid rise of social media like Twitter and Facebook.   In many cases a college student's post on Facebook or tweet on Twitter may get them in hot water and result in university discipline and sometimes even suspension.  A number of these cases have been popping up in the news recently.  See here and here. We have even posted previously how a comment of Facebook can be criminal - when the President is involved. However, there is great debate about whether a student's social media rants are [...]

By |2014-08-05T01:49:42+00:00June 19th, 2012|Legal Discussion, News Article Commentary|0 Comments
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College Arrest 101 Blog | Miami College Student Pleads Guilty in Federal Court to Threatening President Obama on Facebook

A Miami-Dade College Student plead guilty last week in Federal Court to One Count of Threatening to Kill the President. In February, the student posted comments on his Facebook page with threats to President Obama at an upcoming campaign stop at the local University of Miami Campus in Coral Gables, Florida. Full Article is Here. This college student could face a sentence anywhere from probation up to 5 years in prison.  He will have a felony conviction on his record - forever.  In addition, he could face discipline at his college, Miami-Dade College,as he is a current student.  The Miami-Dade [...]

By |2014-08-05T02:04:59+00:00May 29th, 2012|Legal Discussion, News Article Commentary|0 Comments
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