Third Circuit leaves student off-campus speech rights undecided
Monday, June 27th, 2011Jurist.org
Sara Rose [Staff Attorney, ACLU of Pennsylvania]
A middle-school student, annoyed after being disciplined by her principal for violating the school dress code, vents her frustration by posting a crude MySpace profile on the Internet parodying the principal. The profile, which the student created entirely from home and made available to a small group of friends, includes a photo of the principal but not his name or school. The profile only comes onto school grounds at the behest of the principal. Nevertheless, once the identity of the profile’s author is discovered, the school suspends her from classes for ten days.
Those are the facts of a case, JS v. Blue Mountain School District [PDF], recently decided in the student’s favor by the US Court of Appeals for the Third Circuit. The case squarely presented an issue increasingly confronted by schools and their students: How far can public schools can go in punishing students for speech that they post on the Internet outside of school? On one side are the school districts and school board associations, which argue that schools should be permitted to police their students’ speech no matter where it occurs if the speech is about the school. On the other are groups like the ACLU, which believe putting such far-reaching authority into the hands of school administrators impermissibly infringes on students’ First Amendment right to free speech. (more…)
