On-Campus or Off-Campus? - That Is \u3cem\u3eStill\u3c/em\u3e the Question: \u3cem\u3eMahanoy Area Sch. Dist. v. B.L.\u3c/em\u3e and the Supreme Court’s New Digital Frontier

Abstract

This Article examines the contours of the “on-campus” versus “off-campus” distinction embedded in the Supreme Court’s opinion in Mahoney School District v. B.L. This Article argues that B.L., and the Court’s broader Tinker doctrine, fail to adequately address modern student speech issues, especially student speech arising in extracurricular programs and activities. This Article proposes a two-part legal framework for future courts to analyze student speech issues in an increasingly digital post-pandemic world