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The Law and Internet Freedom

The Law and Internet Freedom. Can Public Schools Censor or Punish Students' On-Campus Speech?.

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The Law and Internet Freedom

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  1. The Law and Internet Freedom

  2. Can Public Schools Censor or Punish Students' On-Campus Speech? • Yes, whether you're a minor or an adult, in high school or in college. Although the Tinker decision recognized that students have free speech rights on campus, the court also held that your free-speech rights can be limited when the speech "materially disrupts classwork or involves substantial disorder or invasion of the rights of others."

  3. Do I Have More Protections for a Personal Blog? • Yes. In Emmett v. Kent School District, 92 F. Supp.2d 1088 (W.D. Wash. 2000), the court held that public school officials had violated a student's First Amendment rights by punishing the student for his personal website, the "Unofficial Kentlake High Home Page." The court held that "[a]lthough the intended audience was undoubtedly connected to Kentlake High School, the speech was entirely outside of the school's supervision or control."

  4. Sweet, my Personal Blog is Untouchable! • However, some lower courts have applied the Tinker "material disruption" standard in cases concerning the personal web sites of high school and middle school students. For example, in Beussink v. Woodland School District, 30 F. Supp.2d 1175 (E.D. Mo. 1998), a federal court applied Tinker's "material disruption" standard when considering a student's web site that used vulgar language to criticize his public school and its teachers and administrators

  5. Should I Blog About My Fellow Students' Private Lives? • Not without asking. People can get upset if you spread their secrets. Ask friends and family what types of stuff they're comfortable with you sharing on your blog. When you take pictures for your online photo album, be considerate and ask your subjects if they don't mind before you post it.

  6. What About Blogging About My Own Private Life? • Keep in mind that whatever you post on a public blog can be seen by your friends, your enemies, your teachers, your parents, your ex, that Great Aunt who likes to pinch your cheeks like you're a baby, the admissions offices of schools and colleges to which you might apply, current and future potential employers, and anyone else with access to the Internet and a search engine. While you can change your blog post at any time, it may be archived by others.

  7. Be Smart • The World Wide Web is Public

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