School-safety law, local discretion, and the boundaries of protected speech: A Tennessee case study

Abstract

In this paper, I offer a critical case study of how a state law aimed at preventing mass violence in schools has been applied to restrict expression, both inside and outside educational settings. Tennessee’s threat-of-mass-violence statute has produced felony charges, expulsions, and detentions for students as young as 10, and, in its most extreme application, the arrest and five-week incarceration of a retired police officer for sharing a political meme with no connection to any school. This case raises questions about the interpretive reach of educational laws. Using the Foucauldian concept of governmentality, I examine how this educational policy extended beyond educational settings and into a politically charged context. I use a set of documented cases, anchored by one extreme and well-documented example, to explore the legal ambiguity and discretionary power embedded in a single state policy. This study contributes to an understanding of how education policy can intersect with civil liberties, especially when enacted in an era of heightened polarization and public concern over school violence.