Can a teacher make a student remove a political message in the background of a video while attending school virtually?

The more of these factors that apply, the more likely the video feed will be considered on campus:

• Whether the video feed is for a school sanctioned event
  
• Whether the video feed is during normal school hours
  
• Whether the video feed is among classmates and teachers
  
• How much control the school has over the online learning environment  

The platforms and video feeds used for online learning are provided by the schools as intangible classrooms during typical school hours. Since the video feeds are used as substitutions for in-person classrooms, the video feed would be considered a school sanctioned event. That checks off the first bullet point above! 

Typically, these teacher-led video feeds take place during normally scheduled class time with all students in the class logging in as participants. As the new virtual classroom, that covers the second and third points. Since we’ve checked off the first three bullet points, let’s look at the last one about the school’s control.

Although students are logging into class from their private residence, they are simply crossing through virtual schoolhouse gates and are subject to the same restrictions as if they were in-person. Online class instruction is similar to how it would be in a physical environment; a teacher may admit or deny student access to online classrooms, they may mute and unmute students just like a teacher can call on students who raise their hand, and they may place students in breakout rooms. It is safe to say that the school has a sufficient amount of control over the online learning environment. So, here is our ruling: Video feeds for online learning are more than likely considered “on campus.”

Reasons a School May Censor the Political Messages in a Video Feed

Since a public school’s online classrooms are considered “on campus,” political messages in the background of a student’s video feed may be censored. However, the messages can only be censored if the reason for censorship falls under one of the following categories:

Substantial Disruption

If the political message causes or is reasonably foreseeable to cause a substantial disruption to the learning environment and operation of the school, the speech may be censored. The foreseeable nature (or likelihood) of a disruption can be based on a history of racial or other political tension at the school, past disruptions, or an administrator’s reasonable belief that a disruption will occur. 

A disruption to the online classroom is very similar to the disruption of an in-person classroom and has the same negative effect. For example, a political message shown on camera may cause students to argue or be completely distracted and unable to pay attention, taking away time and attention from the class lesson that has nothing to do with that political message. This would be an example of a substantial disruption. It’s not just murmurs in the hallway (or through iMessage on your Macs). It takes away from students’ ability to learn and teachers’ ability to teach. 

Lewd and Vulgar Language

If the political message contains language that is lewd or vulgar, the speech may be censored. This applies not only to the actual words written on a political message, but can also extend to the display of pictures, photographs, drawings, etc. For example, if the political message contained swear words or was sexually explicit, the school is likely able to censor it. 

Inconsistent with School’s Interests

If the political message is inconsistent with the school’s reasonable educational interest, the speech may be censored. One educational interest is teaching students to engage in civil discourse. If the political message adds no value to this interest and instead causes fights and arguments between students, then there is a clear lack of civil discourse and the school is not advancing its interest.

Another educational interest is the well-being of the students. This interest includes supporting good mental health, advocating against drug and alcohol use, and advocating against violence. For example, a political message that mentions or portrays violent weapons or drugs would not further the school’s interest.

Written Policy

If the school already has a written policy that allows for the censorship of political speech, and the policy has been previously enforced, the speech may be censored. The policy must be content-neutral, meaning it must censor all political speech, not just certain political speech. For example, a school cannot only censor Republican viewpoints, or only censor Democratic viewpoints; the school must censor both Republican and Democratic viewpoints (and other political viewpoints). 

A similar example is a public school having a written dress code policy that is enforced against students wearing political apparel to school. If a school already has a dress code policy prohibiting political clothing/accessories, then the school could just as easily create a policy that prohibits political messages in the background of a video feed.