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J.S. v. Blue Mountain School District Case No. 08-4138 (C.A. 3, Feb.4, 2010)

J.S. v. Blue Mountain School District Case No. 08-4138 (C.A. 3, Feb.4, 2010). MySpace Hackers. Background Information. Blue Mountain School District, Orwigsburg Pa Two middle school students create a fictitious MySpace account posing as their school principal

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J.S. v. Blue Mountain School District Case No. 08-4138 (C.A. 3, Feb.4, 2010)

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  1. J.S. v. Blue Mountain School DistrictCase No. 08-4138(C.A. 3, Feb.4, 2010) MySpace Hackers

  2. Background Information • Blue Mountain School District, Orwigsburg Pa • Two middle school students create a fictitious MySpace account posing astheir school principal • Profile was created from one of the students home computer • The profile contained profanity and insinuated that the principal was a pedophile

  3. Background Information • Students were eventually caught and identified by the school district • Students were disciplined by the school for their creative expression • SURPRISE: this resulted in litigation between the school district and the parents of one of the accused students

  4. Court Case • Parents of J.S. contended that the school was violating their daughters right to free speech and that school policies were written vaguely • The courts ruled however, using Tinker v. Des Moines, that the fake MySpace account would cause a substantial disruption to the educational process • The students were found guilty/liable

  5. Court Case • The school was found to not have violated anyone’s First Amendment Rights (Free Speech) • The case is still pending further litigation at this time • This case is a cornerstone for those who protest against the use of social networking sites in school

  6. Why Do We Care? • This case sets a precedent for future cases…let it be a warning to students/parents/community members that fake accounts they create can be prosecuted and that they will mostly likely lose and be found guilty

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