In the case of a student’s allegedly anti-Semitic Snapchat post, the U.S. Court of Appeals for the Tenth Circuit has ruled that—absent a specific threat directed at the school, its students or its officials—a school district cannot regulate a student’s off-campus speech.

According to the July 6 opinion, a Cherry Creek High School student, identified by his initials C.G., was expelled after he posted a picture on social media captioned, “Me and the boys bout to exterminate the Jews.” The photo was of C.G.’s friends at a thrift store wearing wigs and hats and was posted to his private story, making the post visible to only those connected with the student on the app. A few hours later, the student removed the post and apologized on his story by stating he meant the post to be a joke.

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