Transistors, the building blocks of modern electronics, are typically made of silicon. Because it’s a semiconductor, this material can control the flow of electricity in a circuit. But silicon has fundamental physical limits that restrict how compact and energy-efficient a transistor can be.

MIT researchers have now replaced silicon with a magnetic semiconductor, creating a magnetic transistor that could enable smaller, faster, and more energy-efficient circuits. The material’s magnetism strongly influences its electronic behavior, leading to more efficient control of the flow of electricity. 

The team used a novel magnetic material and an optimization process that reduces the material’s defects, which boosts the transistor’s performance.

The material’s unique magnetic properties also allow for transistors with built-in memory, which would simplify circuit design and unlock new applications for high-performance electronics.

“People have known about magnets for thousands of years, but there are very limited ways to incorporate magnetism into electronics. We have shown a new way to efficiently utilize magnetism that opens up a lot of possibilities for future applications and research,” says Chung-Tao Chou, an MIT graduate student in the departments of Electrical Engineering and Computer Science (EECS) and Physics, and co-lead author of a paper on this advance.

Chou is joined on the paper by co-lead author Eugene Park, a graduate student in the Department of Materials Science and Engineering (DMSE); Julian Klein, a DMSE research scientist; Josep Ingla-Aynes, a postdoc in the MIT Plasma Science and Fusion Center; Jagadeesh S. Moodera, a senior research scientist in the Department of Physics; and senior authors Frances Ross, TDK Professor in DMSE; and Luqiao Liu, an associate professor in EECS, and a member of the Research Laboratory of Electronics; as well as others at the University of Chemistry and Technology in Prague. The paper appears today in Physical Review Letters.

Overcoming the limits

In an electronic device, silicon semiconductor transistors act like tiny light switches that turn a circuit on and off, or amplify weak signals in a communication system. They do this using a small input voltage.

But a fundamental physical limit of silicon semiconductors prevents a transistor from operating below a certain voltage, which hinders its energy efficiency.

To make more efficient electronics, researchers have spent decades working toward magnetic transistors that utilize electron spin to control the flow of electricity. Electron spin is a fundamental property that enables electrons to behave like tiny magnets.

So far, scientists have mostly been limited to using certain magnetic materials. These lack the favorable electronic properties of semiconductors, constraining device performance.

“In this work, we combine magnetism and semiconductor physics to realize useful spintronic devices,” Liu says.

The researchers replace the silicon in the surface layer of a transistor with chromium sulfur bromide, a two-dimensional material that acts as a magnetic semiconductor.

Due to the material’s structure, researchers can switch between two magnetic states very cleanly. This makes it ideal for use in a transistor that smoothly switches between “on” and “off.”

“One of the biggest challenges we faced was finding the right material. We tried many other materials that didn’t work,” Chou says.

They discovered that changing these magnetic states modifies the material’s electronic properties, enabling low-energy operation. And unlike many other 2D materials, chromium sulfur bromide remains stable in air.

To make a transistor, the researchers pattern electrodes onto a silicon substrate, then carefully align and transfer the 2D material on top. They use tape to pick up a tiny piece of material, only a few tens of nanometers thick, and place it onto the substrate.

“A lot of researchers will use solvents or glue to do the transfer, but transistors require a very clean surface. We eliminate all those risks by simplifying this step,” Chou says.

Leveraging magnetism

This lack of contamination enables their device to outperform existing magnetic transistors. Most others can only create a weak magnetic effect, changing the flow of current by a few percent or less. Their new transistor can switch or amplify the electric current by a factor of 10.

They use an external magnetic field to change the magnetic state of the material, switching the transistor using significantly less energy than would usually be required.

The material also allows them to control the magnetic states with electric current. This is important because engineers cannot apply magnetic fields to individual transistors in an electronic device. They need to control each one electrically.

The material’s magnetic properties could also enable transistors with built-in memory, simplifying the design of logic or memory circuits.

A typical memory device has a magnetic cell to store information and a transistor to read it out. Their method can combine both into one magnetic transistor.

“Now, not only are transistors turning on and off, they are also remembering information. And because we can switch the transistor with greater magnitude, the signal is much stronger so we can read out the information faster, and in a much more reliable way,” Liu says.

Building on this demonstration, the researchers plan to further study the use of electrical current to control the device. They are also working to make their method scalable so they can fabricate arrays of transistors.

This research was supported, in part, by the Semiconductor Research Corporation, the U.S. Defense Advanced Research Projects Agency (DARPA), the U.S. National Science Foundation (NSF), the U.S. Department of Energy, the U.S. Army Research Office, and the Czech Ministry of Education, Youth, and Sports. The work was partially carried out at the MIT.nano facilities.

Our muscles are nature’s actuators. The sinewy tissue is what generates the forces that make our bodies move. In recent years, engineers have used real muscle tissue to actuate “biohybrid robots” made from both living tissue and synthetic parts. By pairing lab-grown muscles with synthetic skeletons, researchers are engineering a menagerie of muscle-powered crawlers, walkers, swimmers, and grippers.

But for the most part, these designs are limited in the amount of motion and power they can produce. Now, MIT engineers are aiming to give bio-bots a power lift with artificial tendons.

In a study appearing today in the journal Advanced Science, the researchers developed artificial tendons made from tough and flexible hydrogel. They attached the rubber band-like tendons to either end of a small piece of lab-grown muscle, forming a “muscle-tendon unit.” Then they connected the ends of each artificial tendon to the fingers of a robotic gripper.

When they stimulated the central muscle to contract, the tendons pulled the gripper’s fingers together. The robot pinched its fingers together three times faster, and with 30 times greater force, compared with the same design without the connecting tendons.

The researchers envision the new muscle-tendon unit can be fit to a wide range of biohybrid robot designs, much like a universal engineering element.

“We are introducing artificial tendons as interchangeable connectors between muscle actuators and robotic skeletons,” says lead author Ritu Raman, an assistant professor of mechanical engineering (MechE) at MIT. “Such modularity could make it easier to design a wide range of robotic applications, from microscale surgical tools to adaptive, autonomous exploratory machines.”

The study’s MIT co-authors include graduate students Nicolas Castro, Maheera Bawa, Bastien Aymon, Sonika Kohli, and Angel Bu; undergraduate Annika Marschner; postdoc Ronald Heisser; alumni Sarah J. Wu ’19, SM ’21, PhD ’24 and Laura Rosado ’22, SM ’25; and MechE professors Martin Culpepper and Xuanhe Zhao.

Muscle’s gains

Raman and her colleagues at MIT are at the forefront of biohybrid robotics, a relatively new field that has emerged in the last decade. They focus on combining synthetic, structural robotic parts with living muscle tissue as natural actuators.

“Most actuators that engineers typically work with are really hard to make small,” Raman says. “Past a certain size, the basic physics doesn’t work. The nice thing about muscle is, each cell is an independent actuator that generates force and produces motion. So you could, in principle, make robots that are really small.”

Muscle actuators also come with other advantages, which Raman’s team has already demonstrated: The tissue can grow stronger as it works out, and can naturally heal when injured. For these reasons, Raman and others envision that muscly droids could one day be sent out to explore environments that are too remote or dangerous for humans. Such muscle-bound bots could build up their strength for unforeseen traverses or heal themselves when help is unavailable. Biohybrid bots could also serve as small, surgical assistants that perform delicate, microscale procedures inside the body.

All these future scenarios are motivating Raman and others to find ways to pair living muscles with synthetic skeletons. Designs to date have involved growing a band of muscle and attaching either end to a synthetic skeleton, similar to looping a rubber band around two posts. When the muscle is stimulated to contract, it can pull the parts of a skeleton together to generate a desired motion.

But Raman says this method produces a lot of wasted muscle that is used to attach the tissue to the skeleton rather than to make it move. And that connection isn’t always secure. Muscle is quite soft compared with skeletal structures, and the difference can cause muscle to tear or detach. What’s more, it is often only the contractions in the central part of the muscle that end up doing any work — an amount that’s relatively small and generates little force.

“We thought, how do we stop wasting muscle material, make it more modular so it can attach to anything, and make it work more efficiently?” Raman says. “The solution the body has come up with is to have tendons that are halfway in stiffness between muscle and bone, that allow you to bridge this mechanical mismatch between soft muscle and rigid skeleton. They’re like thin cables that wrap around joints efficiently.”

“Smartly connected”

In their new work, Raman and her colleagues designed artificial tendons to connect natural muscle tissue with a synthetic gripper skeleton. Their material of choice was hydrogel — a squishy yet sturdy polymer-based gel. Raman obtained hydrogel samples from her colleague and co-author Xuanhe Zhao, who has pioneered the development of hydrogels at MIT. Zhao’s group has derived recipes for hydrogels of varying toughness and stretch that can stick to many surfaces, including synthetic and biological materials.

To figure out how tough and stretchy artificial tendons should be in order to work in their gripper design, Raman’s team first modeled the design as a simple system of three types of springs, each representing the central muscle, the two connecting tendons, and the gripper skeleton. They assigned a certain stiffness to the muscle and skeleton, which were previously known, and used this to calculate the stiffness of the connecting tendons that would be required in order to move the gripper by a desired amount.

From this modeling, the team derived a recipe for hydrogel of a certain stiffness. Once the gel was made, the researchers carefully etched the gel into thin cables to form artificial tendons. They attached two tendons to either end of a small sample of muscle tissue, which they grew using lab-standard techniques. They then wrapped each tendon around a small post at the end of each finger of the robotic gripper — a skeleton design that was developed by MechE professor Martin Culpepper, an expert in designing and building precision machines.

When the team stimulated the muscle to contract, the tendons in turn pulled on the gripper to pinch its fingers together. Over multiple experiments, the researchers found that the muscle-tendon gripper worked three times faster and produced 30 times more force compared to when the gripper is actuated just with a band of muscle tissue (and without any artificial tendons). The new tendon-based design also was able to keep up this performance over 7,000 cycles, or muscle contractions.

Overall, Raman saw that the addition of artificial tendons increased the robot’s power-to-weight ratio by 11 times, meaning that the system required far less muscle to do just as much work.

“You just need a small piece of actuator that’s smartly connected to the skeleton,” Raman says. “Normally, if a muscle is really soft and attached to something with high resistance, it will just tear itself before moving anything. But if you attach it to something like a tendon that can resist tearing, it can really transmit its force through the tendon, and it can move a skeleton that it wouldn’t have been able to move otherwise.”

The team’s new muscle-tendon design successfully merges biology with robotics, says biomedical engineer Simone Schürle-Finke, associate professor of health sciences and technology at ETH Zürich.

“The tough-hydrogel tendons create a more physiological muscle–tendon–bone architecture, which greatly improves force transmission, durability, and modularity,” says Schürle-Finke, who was not involved with the study. “This moves the field toward biohybrid systems that can operate repeatably and eventually function outside the lab.”

With the new artificial tendons in place, Raman’s group is moving forward to develop other elements, such as skin-like protective casings, to enable muscle-powered robots in practical, real-world settings.

This research was supported, in part, by the U.S. Department of Defense Army Research Office, the MIT Research Support Committee, and the National Science Foundation.

This is crazy. Lawmakers in several US states are contemplating banning VPNs, because…think of the children!

As of this writing, Wisconsin lawmakers are escalating their war on privacy by targeting VPNs in the name of “protecting children” in A.B. 105/S.B. 130. It’s an age verification bill that requires all websites distributing material that could conceivably be deemed “sexual content” to both implement an age verification system and also to block the access of users connected via VPN. The bill seeks to broadly expand the definition of materials that are “harmful to minors” beyond the type of speech that states can prohibit minors from accessing­ potentially encompassing things like depictions and discussions of human anatomy, sexuality, and reproduction...

The agency has told recipients of community resilience money to submit paperwork that would bar them from challenging grant cancellations.

"Carbon pricing is not dead," expert says of group led by Brazil with 18 members including China and the EU that have carbon markets.

Billions of dollars divide House and Senate versions of fiscal 2026 Department of Transportation legislation.

A growing number of the world's waterways face overlapping changes from global warming.

The request comes as the Illinois governor and President Trump wage rhetorical battles over immigration enforcement and other issues.

Two lawmakers told the secretary of State that surrendering influence to China on environmental policy would be "deeply misguided."

BlackRock has scaled back “climate engagement in ways that put our investments at risk needlessly,” said New York City's comptroller.

The Nini oil field is getting a second lease on life as a means of permanently storing planet-warming carbon dioxide beneath the seabed.

Energy costs are rising as wholesale power and gas prices fall, pressuring ministers to address how to fund higher grid and policy costs.

Companies are depending on clarity from the EU on the 2035 combustion-engine ban for new vehicles as they plan future investments.

A meter-long flying neon squid (Ommastrephes bartramii) was found dead on an Israeli beach. The species is rare in the Mediterranean.

In a new paper, “Adversarial Poetry as a Universal Single-Turn Jailbreak Mechanism in Large Language Models,” researchers found that turning LLM prompts into poetry resulted in jailbreaking the models:

Abstract: We present evidence that adversarial poetry functions as a universal single-turn jailbreak technique for Large Language Models (LLMs). Across 25 frontier proprietary and open-weight models, curated poetic prompts yielded high attack-success rates (ASR), with some providers exceeding 90%. Mapping prompts to MLCommons and EU CoP risk taxonomies shows that poetic attacks transfer across CBRN, manipulation, cyber-offence, and loss-of-control domains. Converting 1,200 ML-Commons harmful prompts into verse via a standardized meta-prompt produced ASRs up to 18 times higher than their prose baselines. Outputs are evaluated using an ensemble of 3 open-weight LLM judges, whose binary safety assessments were validated on a stratified human-labeled subset. Poetic framing achieved an average jailbreak success rate of 62% for hand-crafted poems and approximately 43% for meta-prompt conversions (compared to non-poetic baselines), substantially outperforming non-poetic baselines and revealing a systematic vulnerability across model families and safety training approaches. These findings demonstrate that stylistic variation alone can circumvent contemporary safety mechanisms, suggesting fundamental limitations in current alignment methods and evaluation protocols...

In late September, the United Kingdom’s Prime Minister Keir Starmer announced his government’s plans to introduce a new digital ID scheme in the country to take effect before the end of the Parliament (no later than August 2029). The scheme will, according to the Prime Minister, “cut the faff” in proving people’s identities by creating a virtual ID on personal devices with information like people’s name, date of birth, nationality or residency status, and photo to verify their right to live and work in the country. 

This is the latest example of a government creating a new digital system that is fundamentally incompatible with a privacy-protecting and human rights-defending democracy. This past year alone, we’ve seen federal agencies across the United States explore digital IDs to prevent fraud, the Transportation Security Administration accepting “Digital passport IDs” in Android, and states contracting with mobile driver’s license providers (mDL). And as we’ve said many times, digital ID is not for everyone and policymakers should ensure better access for people with or without a digital ID. 

But instead, the UK is pushing forward with its plans to rollout digital ID in the country. Here’s three reasons why those policymakers have it wrong. 

Digital ID allows the state to determine what you can access, not just verify who you are, by functioning as a key to opening—or closing—doors to essential services and experiences. 

Mission Creep 

In his initial announcement, Starmer stated: “You will not be able to work in the United Kingdom if you do not have digital ID. It's as simple as that.” Since then, the government has been forced to clarify those remarks: digital ID will be mandatory to prove the right to work, and will only take effect after the scheme's proposed introduction in 2028, rather than retrospectively. 

The government has also confirmed that digital ID will not be required for pensioners, students, and those not seeking employment, and will also not be mandatory for accessing medical services, such as visiting hospitals. But as civil society organizations are warning, it's possible that the required use of digital ID will not end here. Once this data is collected and stored, it provides a multitude of opportunities for government agencies to expand the scenarios where they demand that you prove your identity before entering physical and digital spaces or accessing goods and services. 

The government may also be able to request information from workplaces on who is registering for employment at that location, or collaborate with banks to aggregate different data points to determine who is self-employed or not registered to work. It potentially leads to situations where state authorities can treat the entire population with suspicion of not belonging, and would shift the power dynamics even further towards government control over our freedom of movement and association. 

And this is not the first time that the UK has attempted to introduce digital ID: politicians previously proposed similar schemes intended to control the spread of COVID-19, limit immigration, and fight terrorism. In a country increasing the deployment of other surveillance technologies like face recognition technology, this raises additional concerns about how digital ID could lead to new divisions and inequalities based on the data obtained by the system. 

These concerns compound the underlying narrative that digital ID is being introduced to curb illegal immigration to the UK: that digital ID would make it harder for people without residency status to work in the country because it would lower the possibility that anyone could borrow or steal the identity of another. Not only is there little evidence to prove that digital ID will limit illegal immigration, but checks on the right to work in the UK already exist. This is nothing more than inflammatory and misleading; Liberal Democrat leader Ed Davey noted this would do “next to nothing to tackle channel crossings.”

Inclusivity is Not Inevitable, But Exclusion Is 

While the government announced that their digital ID scheme will be inclusive enough to work for those without access to a passport, reliable internet, or a personal smartphone, as we’ve been saying for years, digital ID leaves vulnerable and marginalized people not only out of the debate and ultimately out of the society that these governments want to build. We remain concerned about the potential for digital identification to exacerbate existing social inequalities, particularly for those with reduced access to digital services or people seeking asylum. 

The UK government has said a public consultation will be launched later this year to explore alternatives, such as physical documentation or in-person support for the homeless and older people; but it’s short-sighted to think that these alternatives are viable or functional in the long term. For example, UK organization Big Brother Watch reported that about only 20% of Universal Credit applicants can use online ID verification methods. 

These individuals should not be an afterthought that are attached to the end of the announcement for further review. It is essential that if a tool does not work for those without access to the array of essentials, such as the internet or the physical ID, then it should not exist.

Digital ID schemes also exacerbate other inequalities in society, such as abusers who will be able to prevent others from getting jobs or proving other statuses by denying access to their ID. In the same way, the scope of digital ID may be expanded and people could be forced to prove their identities to different government agencies and officials, which may raise issues of institutional discrimination when phones may not load, or when the Home Office has incorrect information on an individual. This is not an unrealistic scenario considering the frequency of internet connectivity issues, or circumstances like passports and other documentation expiring.

Any identification issued by the government with a centralized database is a power imbalance that can only be enhanced with digital ID.

Attacks on Privacy and Surveillance 

Digital ID systems expand the number of entities that may access personal information and consequently use it to track and surveil. The UK government has nodded to this threat. Starmer stated that the technology would “absolutely have very strong encryption” and wouldn't be used as a surveillance tool. Moreover, junior Cabinet Office Minister Josh Simons told Parliament that “data associated with the digital ID system will be held and kept safe in secure cloud environments hosted in the United Kingdom” and that “the government will work closely with expert stakeholders to make the programme effective, secure and inclusive.” 

But if digital ID is needed to verify people’s identities multiple times per day or week, ensuring end-to-encryption is the bare minimum the government should require. Unlike sharing a National Insurance Number, a digital ID will show an array of personal information that would otherwise not be available or exchanged. 

This would create a rich environment for hackers or hostile agencies to obtain swathes of personal information on those based in the UK. And if previous schemes in the country are anything to go by, the government’s ability to handle giant databases is questionable. Notably, the eVisa’s multitude of failures last year illustrated the harms that digital IDs can bring, with issues like government system failures and internet outages leading to people being detained, losing their jobs, or being made homeless. Checking someone’s identity against a database in real-time requires a host of online and offline factors to work, and the UK is yet to take the structural steps required to remedying this.

Moreover, we know that the Cabinet Office and the Department for Science, Innovation and Technology will be involved in the delivery of digital ID and are clients of U.S.-based tech vendors, specifically Amazon Web Services (AWS). The UK government has spent millions on AWS (and Microsoft) cloud services in recent years, and the One Government Value Agreement (OGVA)—first introduced in 2020 and of which provides discounts for cloud services by contracting with the UK government and public sector organizations as a single client—is still active. It is essential that any data collected is not stored or shared with third parties, including through cloud agreements with companies outside the UK.

And even if the UK government published comprehensive plans to ensure data minimization in its digital ID, we will still strongly oppose any national ID scheme. Any identification issued by the government with a centralized database is a power imbalance that can only be enhanced with digital ID, and both the public and civil society organizations in the country are against this.

Ways Forward

Digital ID regimes strip privacy from everyone and further marginalize those seeking asylum or undocumented people. They are pursued as a technological solution to offline problems but instead allow the state to determine what you can access, not just verify who you are, by functioning as a key to opening—or closing—doors to essential services and experiences. 

We cannot base our human rights on the government’s mere promise to uphold them. On December 8th, politicians in the country will be debating a petition that reached almost 3 million signatories rejecting mandatory digital ID. If you’re based in the UK, you can contact your MP (external campaign links) to oppose the plans for a digital ID system. 

The case for digital identification has not been made. The UK government must listen to people in the country and say no to digital ID.

Technology is supercharging the attack on democracy and EFF is fighting back. We’re suing to stop government surveillance. We're fighting to protect free expression online. And we're building tools to protect your data privacy.

Help support our mission with new gear from EFF's online store, perfect gifts for the digital rights defender in your life. Take 20% your order today with code BLACKFRI. Thanks for being an EFF supporter!

Liquid Core Dice are perfect for tabletop games. The metal clear-view EFF display tin contains a seven piece set of sharp-edge dice. These glittery dice will show that you roll with the crew protecting our civil liberties online.

Celebrate equity and accessibility with this tactile braille sticker that depicts the fiery figure of Lady Justice with braille characters reading "justice" and "EFF." With this embossed sticker, you won't just be showing off your support for justice, you'll actually be able to feel it.

Applaud reproductive rights with this gift bundle hailing your data privacy and personal freedom. The bundle includes all items featuring our mascot for choice and privacy, Lady Lock: the "My Body, My Data, My Choice" tote bag, a "Honey, I Encrypt Everything" sticker, and a heat-changing mug that reveals its secret slogan when hot.

Explore the mysteries of the web with an iconic Bigfoot de la Sasquatch lapel pin—privacy is a "human" right! Continue the journey with with campfire tales from The Encryptids, the rarely-seen creatures who’ve become digital rights legends. This sparkling cloisonne pin measures 1.5 inches tall and features a high quality spring backing.

Find all these items, plus t-shirts, hoodies, beanies, and more at the EFF Online Shop. And as always, you can donate to EFF and give the gift of membership to the digital rights defender or newbie in your life.

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Nature Climate Change, Published online: 27 November 2025; doi:10.1038/s41558-025-02524-6

Author Correction: Increasing risk of mass human heat mortality if historical weather patterns recur

Nature Climate Change, Published online: 27 November 2025; doi:10.1038/s41558-025-02496-7

The authors model near-ground and within-canopy microclimates in a tropical montane rainforest. They show that short-distance shifts towards dense vegetation or vertically downwards in canopies reduce velocities, highlighting that structurally complex ecosystems may provide short-term climate refuges.

Legal Intern Alexandra Rhodes contributed to this blog post. 

EFF filed an amicus brief urging the Arizona District Court to protect public school students’ freedom of speech and privacy by holding that the use of a school-issued laptop or email account does not categorically mean a student is “on campus.” We argued that students need private digital spaces beyond their school’s reach to speak freely, without the specter of constant school surveillance and punishment.  

Surveillance Software Exposed a Bad Joke Made in the Privacy of a Student’s Home 

The case, Merrill v. Marana Unified School District, involves a Marana High School student who, while at home one morning before school started, asked his mother for advice about a bad grade he received on an English assignment. His mother said he should talk to his English teacher, so he opened his school-issued Google Chromebook and started drafting an email. The student then wrote a series of jokes in the draft email that he deleted each time. The last joke stated: “GANG GANG GIMME A BETTER GRADE OR I SHOOT UP DA SKOOL HOMIE,” which he narrated out loud to his mother in a silly voice before deleting the draft and closing his computer.  

Within the hour, the student’s mother received a phone call from the school principal, who said that Gaggle surveillance software had flagged a threat from her son and had sent along the screenshot of the draft email. The student’s mother attempted to explain the situation and reassure the principal that there was no threat. Nevertheless, despite her reassurances and the student’s lack of disciplinary record or history of violence, the student was ultimately suspended over the draft email—even though he was physically off campus at the time, before school hours, and had never sent the email.  

After the student’s suspension was unsuccessfully challenged, the family sued the school district alleging infringement of the student’s right to free speech under the First Amendment and violation of the student’s right to due process under the Fourteenth Amendment. 

Public School Students Have Greater First Amendment Protection for Off-Campus Speech 

The U.S. Supreme Court has addressed the First Amendment rights of public school students in a handful of cases. 

Most notably, in Tinker v. Des Moines Independent Community School District (1969), the Court held that students may not be punished for their on-campus speech unless the speech “materially and substantially” disrupted the school day or invaded the rights of others. 

Decades later, in Mahanoy Area School District v. B.L. by and through Levy (2021), in which EFF filed a brief, the Court further held that schools have less leeway to regulate student speech when that speech occurs off campus. Importantly, the Court stated that schools should have a limited ability to punish off-campus speech because “from the student speaker’s perspective, regulations of off-campus speech, when coupled with regulations of on-campus speech, include all the speech a student utters during the full 24-hour day.” 

The Ninth Circuit has further held that off-campus speech is only punishable if it bears a “sufficient nexus” to the school and poses a credible threat of violence. 

In this case, therefore, the extent of the school district’s authority to regulate student speech is tied to whether the high schooler was on or off campus at the time of the speech. The student here was at home and thus physically off campus when he wrote the joke in question; he wrote the draft before school hours; and the joke was not emailed to anyone on campus or anyone associated with the campus.  

Yet the school district is arguing that his use of a school-issued Google Chromebook and Google Workspace for Education account (including the email account) made his speech—and makes all student speech—automatically “on campus” for purposes of justifying punishment under the First Amendment.  

Schools Provide Students with Valuable Digital Tools—But Also Subject Them to Surveillance 

EFF supports the plaintiffs’ argument that the student’s speech was “off campus,” did not bear a sufficient nexus to the school, and was not a credible threat. In our amicus brief, we urged the trial court at minimum to reject a rule that the use of a school-issued device or cloud account always makes a student’s speech “on campus.”   

Our amicus brief supports the plaintiffs’ First Amendment arguments through the lens of surveillance, emphasizing that digital speech and digital privacy are inextricably linked.  

As we explained, Marana Unified School District, like many schools and districts across the country, offers students free Google Chromebooks and requires them to have an online Google Account to access the various cloud apps in Google Workspace for Education, including the Gmail app.  

Marana Unified School District also uses three surveillance technologies that are integrated into Chromebooks and Google Workspace for Education: Gaggle, GoGuardian, and Securly. These surveillance technologies collectively can monitor virtually everything students do on their laptops and online, from the emails and documents they write (or even just draft) to the websites they visit.  

School Digital Surveillance Chills Student Speech and Further Harms Students 

In our amicus brief, we made four main arguments against a blanket rule that categorizes any use of a school-issued device or cloud account as “on campus,” even if the student is geographically off campus or outside of school hours.  

First, we pointed out that such a rule will result in students having no reprieve from school authority, which runs counter to the Supreme Court’s admonition in Mahanoy not to regulate “all the speech a student utters during the full 24-hour day.” There must be some place that is “off campus” for public school students even when using digital tools provided by schools, otherwise schools will reach too far into students’ lives.  

Second, we urged the court to reject such an “on campus” rule to mitigate the chilling effect of digital surveillance on students’ freedom of speech—that is, the risk that students will self-censor and choose not to express themselves in certain ways or access certain information that may be disfavored by school officials. If students know that no matter where they are or what they are doing with their Chromebooks and Google Accounts, the school is watching and the school has greater legal authority to punish them because they are always “on campus,” students will undoubtedly curb their speech. 

Third, we argued that such an “on campus” rule will exacerbate existing inequities in public schools among students of different socio-economic backgrounds. It would distinctly disadvantage lower-income students who are more likely to rely on school-issued devices because their families cannot afford a personal laptop or tablet. This creates a “pay for privacy” scheme: lower-income students are subject to greater school-directed surveillance and related discipline for digital speech, while wealthier students can limit surveillance by using personal laptops and email accounts, enabling them to have more robust free speech protections. 

Fourth, such an “on campus” rule will incentivize public schools to continue eroding student privacy by subjecting them to near constant digital surveillance. The student surveillance technologies schools use are notoriously privacy invasive and inaccurate, causing various harms to students—including unnecessary investigations and discipline, disclosure of sensitive information, and frustrated learning. 

We urge the Arizona District Court to protect public school students’ freedom of speech and privacy by rejecting this approach to school-managed technology. As we said in our brief, students, especially high schoolers, need some sphere of digital autonomy, free of surveillance, judgment, and punishment, as much as anyone else—to express themselves, to develop their identities, to learn and explore, to be silly or crude, and even to make mistakes.