By John S. Wilson, Special to CNN

Editor’s note: John S. Wilson is a contributing writer for The Loop 21, Mediaite and Black Enterprise. He frequently writes about health and education policies and politics. You may reach him on Twitter: @johnwilson.

(CNN) - Last month, a few high school students sent out racist tweets about Washington Capitals player Joel Ward after he scored a winning goal against the Boston Bruins in overtime. Responding later in an interview, Ward, who is black, said, “People are going to say what they want to say," and he shrugged off those comments. But the students' high schools sure didn't.

Almost immediately after reports of the tweets, the schools began looking into ways of punishing the students for their actions outside the classroom. The schools absolutely should express their discontent with the offensive tweets. But should they punish the students? Do they even have the ability to do so? Not likely.

One official, Jonathan Pope of the Gloucester School Committee in Massachusetts, admitted as much in an interview with MSBNC.com: "We don't know whether we actually have any legal standing to implement any kinds of penalties for that kind of behavior done outside school on a private communication system."

Pope and other school officials may want to look toward the Supreme Court on this point. The 1969 Tinker v. Des Moines ruling held that students' speech was subject to punishment if it "materially and substantially" affected an institution's educational mission. These few tweets couldn't possibly pass that bar and thus qualify for the schools' disciplinary action.
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