Colorado students can be expelled for social media posts made outside of school. Attorneys say that violates the First Amendment.

A Denver courtroom heard testimony in December 2023 as attorney Jamie Hubbard argued that Colorado schools can’t expel or suspend students for social media posts made off campus. Her client, a 16-year-old, was expelled by Cherry Creek Schools after a 2019 Snapchat message containing an antisemitic comment reached administrators within days, despite the app’s disappearing feature. The case highlights how districts monitor students online for issues like bullying or threats, even as Colorado lacks clear, consistent statewide guidelines. Advocates say discipline depends on a “nexus” to campus that is applied too loosely, while the Colorado Department of Education doesn’t track online/off-campus incidents.