In the spring of 2018, several of the male students enrolled in the Wisconsin Baraboo School District high school were photographed performing what seems to be a Nazi ‘Seig Heil’ salute. The photo was posted to an Instagram account called @GoBaraboo and was labeled as #Barabooproud, alongside the caption “We even got the black kid to throw it up.”

While the photo has since been taken down, it has received criticism from places such as the Auschwitz Memorial Museum, and many people have taken to the internet to reproach the students. However, recently, after a police investigation and a ten-day review of the students’ action, the Baraboo School District announced that they would not be punishing the students involved in the photograph.

According to the News Republic, District Administrator Lori Mueller claimed that the School Board “cannot know the intentions in the hearts of those involved, and Mueller also cited the First Amendment, saying, “Because of the students’ First Amendment rights, the district is not in a position to punish the students for their actions.” All of this was said in a letter sent out to parents and students on Wednesday, November 21st.

This incident is just one among many that have sparked nationwide debate over what exactly is protected under the First Amendment. When it comes to freedom of speech, there is no clear indicator of when free speech has done ‘too far.’ There are also those, such as American Civil Liberties Union (ACLU) attorney Lee Rowland, who argue that there cannot be any ‘too far.’

According to the ACLU website, in a speech given early in 2018, Rowland spoke specifically about students’ rights, saying that the idea that students should be expelled exercising their First Amendment right of freedom of speech is “a dangerous proposition.” This speech was inspired by the events in 2017 concerning Peter Cytanovic and Colin Kaepernick; both of these college students were criticized for using their First Amendment rights, and many called for them to be expelled, similar to how people reacted to the incident at Baraboo. However, the Wisconsin branch of the ACLU, in response to Baraboo District photograph, was critical, calling it “shocking and reprehensible,” according to CNN.

Clearly, free speech is a tricky subject, and situations such as Baraboo often bring the issue to the forefront of the media and of people’s minds.

So, where, exactly, do we draw the line on what is considered free speech?

Photo via People.com