The new social media policy handed down by the Kansas Board of Regents was decried as a threat to academic freedom and the First Amendment when it was debuted late last year. Now the Regents are taking a second look at the policy, which was crafted with no input from the university community, the Kansas City Business Journal reports.
The Regents are forming a board to review the policy, and should have a conclusion by the spring.
The policy, created after the firestorm created by KU prof David Guth’s anti-NRA tweet, says a university employee can be fired if they tweet something that isn’t in the school’s best interest, or put up an Instagram photo that disrupts the “harmony” between co-workers.
Although declining to comment directly on its constitutionality, KU law professor Richard Levy said the policy might be too unclear, which would leave it open to legal challenges.
“The policy as a whole, including several of its previsions, might be subject to a void for vagueness challenge,” said Levy, a J.B. Smith distinguished professor of constitutional law.
Void for vagueness is a due process doctrine, Levy said, that nullifies a statue if an average citizen cannot determine what conduct is prohibited or what punishment may be levied.