legal implications of the internet, free speech|t

James Hunter - Legal Implications of the Internet, Schools,.ppt

Legal Implications of the

Internet, Free Speech|T""

Schools

Presentation before the

Appomattox Regional Research Consor

September 22, 2005

Charfome Pierce, Student

Educational Leadership Doctoral Program


Important Questions for Schools

■ Do students have 100% free speech rights

at school?

■ If not, when can a school division restrict a

student's speech?

■ Under what conditions can a school

discipline a student for his/her website

content?


Free Speech at School

Schools can not restrict free speech if the

speech is not disruptive and does not presen

any danger. {Tinker v. DeMoinesSchoolDistrict)

Schools have greater authority to restrict speech

that is related to school curriculum as opposed

tO non SChOOl related material. (Missouri Center for Safe Schools)

Schools can act in loco parent's and protect

students from vulgar and lewd speech.

{Bethel School District No. 403 v. Fraser)

James Hunter - Legal Implications of the Internet, Schools, ppt

Student Websites

Student developed websites are protected by Free Speech if they are not disruptive and are not associated with the regular school program (Beussink v. Woodland R-IVSchool District.)

Students may not be disciplined for Internet content that is simply unpopular with school

officials. {Beusslnkv. Woodland R-IV School District.)

■ Internet content that is obscene, contains threats, and/or that cause a disruption in school are not protected by the First Amendment.

(Miller v. California and New York v. Ferber)


Internet Legislation

From 1996 - 1998 several laws were

created to protect minors from

inappropriate material on the Internet.

They were declared unconstitutional by

the U.S. Supreme Court.

In 2000, the Children's Internet Protection

Act was passed and was able to stand the

First Amendment test.

James Hunter- Legal Implications of the Internet, Schools,.ppt

The Children's Internet Protection

Act

Schools must certify that they filter the

Internet in order to be eligible for E-Rate

funds.

The purpose of the act is to protect

students from pornography.

Content that can be filtered include hate,

drugs, and bomb making.

Schools can not simply limit access to

political ideas or social perspectives.

James Hunter - Legal Implications of the Internet, Schools,,ppt Page?

Basic Guidelines to Follow As They

Relate to the Internet and Free

Speech

If the Internet content is not school relate

does not have a direct connection to the schooi

program, it is possible that it is protected by the

First Amendment.

■ If the content is obscene, contains threats

and/or cause a disruption at school, it is more

than likely not protected by Free Speech.

■ Care should be taken when disciplining students

for content developed outside of school and that

is not accessed at school. This content may be

protected by Free Speech.


Scenarios

A student develops a website at home that

speaks against a recent policy established by the

principal. The website calls the principal stupid.

The student admonishes his fellow students to

comply with the policy regardless of thei

disagreement. (Protected or Not?)

A student develops a website at home

encourages students to skip school until a recent

rule is reversed. (Protected or Not?)

legal implications of the internet, free speech|t

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