Student Speech Rights

Two cases out of Pennsylvania create first amendment rights for students when using cyberspace. In J.S. v. Blue Mountain School District an 8th grade student "created a fake profile" of her principal and posted it on MySpace. She used her parents computer. She accused the principal of having sex in his office, hitting on students and parents of being a "sex addict". She used obscene language and put down GLBT persons. She also ridiculed his wife and son. When confronted the student wrote an apology to the principal and his family but was suspended for 10 days afterwards. At that point she and her parents sued saying her right to free speech was violated. The Third Circuit Court of Appeals ruled in the students favor by a vote of 8 to 6. In the second case-Layshock v. Hermitage School District-a senior posted a "parody profile" of his principal on MySpace that accused the principal of being a drunk, smoking pot, using illegal drugs and shoplifting. He used "vulgar language" and made anti gay comments. He used his grandmother's computer. When confronted he apologized and his parents "grounded him and took away his computer access". The school suspended him and transferred him to an "alternative" high school. He sued and also won by a vote of 14 to 0. The court-Third Circuit Court of Appeals-argued that the actions of the students in these cases did not "cause a substantial disruption of the school" and they were punished for off-school grounds actions. If the cyberspace messages urged a student walk out of threatened "harm to employees or fellow students" then the students actions could have been punished. The issue might go to the Supreme Court.

(Source: "Mauled on MySpace" by Michael D. Simpson of the NEA Office of General Counsel. NEA Today from Summer 2011).