At Biello & Soowal, PLLC, we’ve seen firsthand how a single social media post can escalate into a full-blown disciplinary action that threatens a student’s academic record, college future, or community reputation.
Social media has transformed how students communicate, express themselves, and connect with others, but it has also created complex legal challenges that schools are still learning to address. As experienced Florida student defense lawyers, we know how to advocate for students whose rights may be overlooked in the rush to discipline.
With smartphones and social media apps in nearly every student’s pocket, issues related to online speech, privacy, bullying, and school policy violations are more common than ever. What used to be confined to the schoolyard now unfolds 24/7 on TikTok, Instagram, Snapchat, and private group chats.
We represent students in Florida who have been accused of violating school codes due to what they post—or even share—online. As your discipline for social media use defense attorney in Florida, we explain your rights and advocate for your future.
What Types of Social Media Activity Lead to School Discipline?
Florida school districts have varying rules about what students can and cannot post online. These rules typically fall under broader codes of conduct that prohibit bullying, harassment, threats, obscene material, and disruptions to the learning environment. The most common social media-related infractions include:
- Cyberbullying or Harassment: Targeting another student, staff member, or group with repeated or threatening messages.
- Obscene or Inappropriate Content: Sharing sexually explicit material, hate speech, or violent content.
- Threats of Violence: Any post or message perceived as a threat, even if the student claims it was a joke.
- Defamation of Staff or School: Mocking or accusing a teacher or school administrator online.
- Posting Fights or Disruptive Content: Sharing videos of fights, vaping in the bathroom, or other violations of school policy.
While some offenses occur on school grounds using school Wi-Fi, many disciplinary cases involve posts made off-campus, on a student’s device, and outside school hours. That’s where things become legally complicated—and where we step in to protect your child’s rights.
What the Law Says: Florida Statutes and National Standards
The core law dealing with cyberbullying and school discipline in Florida is the Jeffrey Johnston Stand Up for All Students Act, codified in Florida Statutes §1006.147. It mandates that each school district create and enforce policies prohibiting bullying and harassment, including conduct carried out through technology.
Key provisions include:
- Cyberbullying that “substantially interferes with a student’s educational performance” can lead to discipline, even if it occurs off campus.
- Each school must adopt procedures for investigation, notification, and discipline.
- The law requires due process protections, including the opportunity to present a defense.
Nationally, the U.S. Supreme Court set a major precedent in Mahanoy Area School District v. B.L. (2021). The Court ruled that public schools cannot punish students for off-campus speech unless it causes a substantial disruption to school operations or invades the rights of others.
This case involved a high school cheerleader suspended from her team after posting a profanity-laced Snapchat message off-campus. The Court sided with the student, emphasizing the need to protect free speech rights, even when students say things school officials might not like.
This decision doesn’t give students a blank check to say anything online, but it does limit how far schools can reach into their personal lives. As your discipline for social media use defense attorney in Florida, we use this and other case law to build your defense.
Can Schools Punish Students for Off-Campus Social Media Posts?
This is one of the most misunderstood areas of student discipline. While Florida schools have broad discretion to maintain order and safety, their authority to regulate what students post on social media outside school hours is limited.
To discipline a student for an off-campus post, a school must typically show that the content:
- Caused or threatened to cause a substantial disruption at school;
- Targeted specific individuals, such as students or staff;
- Violated existing school policy that includes off-campus conduct;
- Threatened the safety or well-being of the school environment.
If none of these factors are present, the discipline may be unconstitutional. However, not all schools properly evaluate these factors before handing down suspensions, expulsions, or other penalties. That’s where legal defense makes all the difference.
Common Disciplinary Penalties for Social Media Violations
Disciplinary actions vary depending on the nature of the alleged offense, the student’s history, and the school district’s code of conduct. Some of the most common penalties include:
- In-school suspension or out-of-school suspension
- Loss of extracurricular privileges or sports eligibility
- Revocation of scholarships or honors
- Referrals to law enforcement
- Expulsion or placement in an alternative education program
Some cases also involve criminal charges, particularly if the content is interpreted as a threat or involves explicit material. Florida laws such as §836.10 (Written Threats to Kill or Do Bodily Injury) and §847.0138 (Transmission of Harmful Material to a Minor) may be applied. In such situations, having a defense lawyer experienced in both school and criminal matters is critical.
What Rights Do Students Have in These Situations?
Public school students do not shed their constitutional rights at the schoolhouse gate. Your child is entitled to procedural due process, which includes:
- Advance notice of the charges and potential discipline
- The right to be heard and to respond to the allegations
- Access to evidence that the school is relying on
- An impartial decision-maker during the hearing
Private schools operate under different standards, but may still be held accountable if they violate their policies or contractual obligations.
At Bilello & Soowal, PLLC, we investigate whether your student’s rights were respected. If we find that the school failed to follow proper procedures, ignored context, or misapplied the law, we challenge the discipline and seek a more favorable outcome.
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Building a Strong Defense: How We Help
As experienced Florida student defense lawyers, we push back against overreach and fight for fairness. Every case is different, but our legal strategy often includes:
1. Contextual Analysis of the Post
We examine whether the post was intended as a joke, was taken out of context, or was targeted toward anyone specifically. Many students use slang, sarcasm, or memes that adults misinterpret.
2. Evaluating School Policy
We review the student code of conduct to determine if the school is overstepping its bounds. Vague or overly broad policies can be legally challenged.
3. Free Speech Arguments
If the post was off-campus and did not cause substantial disruption, we argue that the discipline violates the student’s First Amendment rights.
4. Digital Evidence Collection
We collect screenshots, metadata, and testimony about the student’s intent. In some cases, impersonation or hacking may be involved.
5. Negotiation and Advocacy
We represent the student at all disciplinary hearings and work with school officials to find non-punitive solutions, such as counseling, education, or restorative justice practices.
The Role of Parents in These Cases
Parents often feel blindsided when a school notifies them that their child is facing punishment for a post they didn’t even see. We advise parents to stay calm and not rush into meetings with school officials before seeking legal advice. What you say—and what your child says—can be used to justify the punishment.
We help parents understand the charges, review all school communications, and develop a response plan. Our team often facilitates communication between families and school administrators to de-escalate the situation and protect the student’s record.
Why These Cases Matter: Long-Term Impacts of Discipline
A social media mistake in middle or high school can have ripple effects. Disciplinary records can impact:
- College applications and admissions
- Scholarships and financial aid eligibility
- School transfers and academic placement
- Reputation and mental health
We do everything possible to mitigate these consequences. Sometimes, this involves getting the record sealed, negotiating to reduce the penalty, or filing an appeal. Every case deserves a second chance.
Promoting Education and Awareness
We believe that education—not punishment—should be the foundation of school discipline regarding social media. While we defend students facing disciplinary action, we also promote digital literacy through community presentations and school partnerships.
Florida’s passage of HB 379 (2023) signals a statewide shift toward educating students about the risks and responsibilities of social media use. As part of the curriculum, students learn how to protect themselves online, engage respectfully, and understand legal boundaries.
We support these efforts and believe that schools should take a preventative—not punitive—approach whenever possible. Encouraging safe, smart use of technology benefits everyone.
Frequently Asked Questions
Can my child be suspended for a social media post that happened off-campus?
Yes, but only if the school can show the post caused a substantial disruption or threatened school safety. If not, the suspension may be challenged as unconstitutional.
What should I do if the school calls about a social media post?
Stay calm. Do not allow your child to make a statement without legal counsel. Contact a Florida student defense lawyer immediately.
Can private school students be disciplined differently?
Yes. The same constitutional standards do not bind private schools, but they must follow their own policies and contractual agreements. You may still have legal options.
Can I clear a disciplinary record tied to a social media incident?
In some cases, yes. We help families petition for expungement or record correction when appropriate.
Will this impact college admissions?
It can. A suspension or expulsion may appear on academic records. We work to mitigate these consequences through appeals and negotiations.
Call Biello & Soowal, PLLC: We’re On Your Side
If your child has been accused of violating school policy through social media use, you need a team that understands the law and the educational system. At Biello & Soowal, PLLC, we’ve successfully defended students across Florida in speech, cyberbullying, threats, and more cases.
We offer:
- Personalized legal defense tailored to your situation
- School hearing representation and appeals
- Protection of constitutional rights
- Collaborative guidance for families
- An understanding of Florida education law
Do not let a single post determine your child’s future. Reach out to a discipline for social media use defense attorney in Florida who will fight to keep your child’s record clean and protect their opportunities.
