Eric Goldman writes:
The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps.
The case involves several Albany High students, including Epple and Chen. In 2016, Epple created a private Instagram account named “yungcavage” as “a private forum where [he] could share funny memes, images, and comments with [his] close friends that [they] thought were funny, but which other people might not find funny or appropriate.” (I was just talking about Judge Kozinski’s similar server!) Epple allowed about 13 classmates, including Chen, to follow the private account. Chen engaged with some of the content.