Frank LoMonte, University of Florida College of Journalism and Communications Brechner Center for Freedom of Information director, was quoted in “Nikolas Cruz’s Threats to Shoot Up School Were Enough Warning to Act, Legal Experts Say” published in the Green Bay Press Gazette on Feb. 21.

In the article, LoMonte asserts that educators and police are free to review any material posted publicly because there would be no reasonable expectation of privacy. He claims that legal issues begin to arise when officials punish students for a threat is not clear or serious.

“Where the constitutional questions get tricky is when the school decides to suspend or expel a student for words or images that ambiguously, or perhaps jokingly, refer to violence without any proof of an intent to actually behave violently,” LoMonte said. “I think the prevailing view of every court is that if you make a concrete reference to violence, particularly one with a time and a place, that you’ve overstepped the First Amendment.”

LoMonte was also quoted in “School Shootings: Hundreds of Local Students Walk Out, More Planned” published in the Dayton Daily News on Feb. 21. He explains that the First Amendment gives students the right to engage in political speech, even at school, but does not protect students against disciplinary consequences for the non-speech aspects of student conduct.

“There is no ‘political speech’ exception to the rule against truancy,” said LoMonte. “Many administrators will use discretion not to impose disciplinary consequences when students are engaged in an especially compelling cause, so just because you have the authority doesn’t mean you’re required to use it.”

Posted: February 22, 2018
Category: College News
Tagged as: Brechner Center for Freedom of Information, Frank LoMonte