Public University Social Media Policy — First Amendment and Due Process

State University is a public university funded by State X. In response to several incidents of cyberbullying among students, State University's Board of Regents adopted the following policy:

'Any student who posts content on social media that is deemed by the Dean of Students to be harmful, offensive, or disruptive to the university community may be subject to disciplinary action, including suspension or expulsion.'

The policy does not define 'harmful,' 'offensive,' or 'disruptive.' It provides no hearing or appeal process before disciplinary action is imposed. The Dean of Students has sole discretion to determine whether a post violates the policy.

Sarah Kim, a junior at State University, posted on her personal Instagram account a satirical meme criticizing State University's handling of a recent tuition increase. The meme used strong language and exaggerated imagery but did not threaten anyone or use obscenity. The post went viral among students and generated significant debate on campus.

Dean Wallace reviewed the post and determined it was 'disruptive to the university community.' Without any hearing, Dean Wallace suspended Sarah for one semester.

Sarah filed a lawsuit in federal court challenging her suspension.