I.P. v. Tullahoma City Schools: A principal鈥檚 ego doesn鈥檛 override the First Amendment
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Case Overview
Complaint - I.P. v. Tullahoma City Schools
High schools cannot punish a student for satirizing the principal on social media when the satire occurs off campus and does not cause substantial disruption at school. A principal鈥檚 pride is not an exception to the First Amendment.
On Aug. 10, 2022, Tullahoma High School鈥檚 principal and assistant principal called a 17-year-old rising senior to their office and interrogated him about three images on his personal Instagram. The first image, which the student reposted from his father鈥檚 home in Alabama during summer vacation, shows Principal Jason Quick holding a box of fruit and vegetables with the text 鈥滒煍y brotha馃敟.鈥 The second image, which the student reposted during a family vacation to Italy, depicts Quick as an anime cat with cat ears and whiskers wearing a dress. The third shows Quick鈥檚 head superimposed on a hand-drawn cartoon character hugging a cartoon bird. The student intended the images to be tongue-in-cheek commentary satirizing a school administrator he perceived as humorless.
The memes caused no disruption at school. Nevertheless, Quick and Assistant Principal Crutchfield slapped the student with a three-day, out-of-school suspension. Quick and Crutchfield claimed reliance on a school policy prohibiting students from posting images on social media which 鈥渆mbarrass,鈥 鈥渄iscredit,鈥 or 鈥渉umiliate鈥 another student or school staff. What鈥檚 more, Tullahoma High School also broadly prohibits social media activity that is 鈥渦nbecoming of a Wildcat,鈥 the school鈥檚 mascot. What those policies mean, specifically and practically, is anyone鈥檚 guess.
Quick and Crutchfield鈥檚 actions, along with the school鈥檚 vague social media policies, are unconstitutional. If a student鈥檚 off-campus online speech does not cause disruption at school, the school cannot censor it. That鈥檚 why students have an off-campus First Amendment right, for example, to say 鈥fuck school鈥 on social media. Moreover, the Constitution requires that laws regulating speech provide enough information so parents and students know how to comply. Administrators cannot wield vague social media policies to punish nondisruptive, off-campus satire. On July 19, 2023, FIREfiled a lawsuit on the student鈥檚 behalf 鈥 and to defend the First Amendment for all America鈥檚 students. Teenagers get to use their First Amendment rights, not just learn about them.
Along with the complaint, FIREfiled a motion for a preliminary injunction to remove the suspension from the student鈥檚 record and to strike down both social media policies while the case proceeds. After FIREfiled the motion, the school district voluntarily removed both policies from its student handbook. On August 14, 2023, after the school district removed the suspension from the student's record while the case is pending, FIREwithdrew its motion.