ALBUQUERQUE, N.M. (KRQE) – Is a student’s First Amendment right violated if they get disciplined by their school for a social media post made after school hours and off campus? That’s the question at the center of a new federal lawsuit against Albuquerque Public Schools.
In a new federal lawsuit, a Volcano Vista High School (VVHS) senior is suing APS along with the principal and activities director at VVHS. According to the federal lawsuit, the senior was elected First Vice President of the student body.
Last fall, after a heated argument with another student ended in disciplinary action, she posted a photo to a close group of friends on Snapchat calling out the activities director using expletives. “That same evening, recognizing that what she did was not prudent, was not correct, she took it down by herself,” said Matthew Beck, attorney for the plaintiff.
She thought that was the end of it until the principal and activities director brought the message to her at a meeting that followed. Beck said his client privately apologized to the activities director before later learning she was stripped of her First Vice President position and community service class.
“She’s disheartened, distraught, she’s very upset,” said Beck. “The First Amendment recognizes that it’s the parents and not the school who are in charge of disciplining their children for what they do outside of school time and off of school premise.”
The lawsuit references the 2021 U.S. Supreme Court case Mahanoy Area School District v B.L., to support its claims.
APS does not comment on pending litigation but in its response in court, APS denied any of their actions were retaliatory or violated the First Amendment. The district also argued the student’s negative social media post directly targeting a teacher violated the school senate’s constitution and was grounds for removal from her position. However, the student’s attorney claims school leaders also didn’t follow protocols laid out in that school senate constitution by stripping her of her title instead of having peers petition and vote for her removal.
Along with no longer speaking at graduation, the student’s attorney said the stripping of her title and community service class is putting the student’s college scholarship applications in jeopardy.
“We all make mistakes. It’s one thing to learn from that, it’s another thing to upend this young person’s promising career as a student,” said Beck. In court documents, APS argued they do not have any evidence that the student’s scholarship applications are in jeopardy.