contention that Keefe’s posts are equivalent to curricular speech simply because they were directed at classmates and involved their conduct in the Nursing Program. Fraser involved a speech by a high school student nominating a fellow student for student elective office, during which he “referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor.” Fraser, 478 U.S. at 677-78, 106 S.Ct. 3159. Although this speech was clearly directed at classmates and school-related, the Supreme Court went out of its way in Morse to underscore that Fraser’s speech would have been protected if it had been delivered outside of school. Morse, 551 U.S. at 405, 127 S.Ct. 2618; see also J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915, 925-33 (3d Cir. 2011) (en banc) (<HOLDING>); Layshock ex rel. Layshock v. Hermitage Sch.
holding that under fraser there is no first amendment protection for lewd vulgar indecent and plainly offensive speech in school holding that first amendment barred school from punishing student for vulgar myspace post concerning principal be cause it was offcampus speech holding that public school violated homosexual students first amendment right to speech and expression when it banned him from bringing a samesex date to the prom notwithstanding that the student and another homosexual student had previously been assaulted by other students and that the school was forced to provide additional security and escorts holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver holding that student stated a claim for violation of his first amendment right to speech when he alleged that school officials prevented him from openly stating that he was homosexual and retaliated against him for doing so