Sunday, March 30, 2008

Student Speech Rights in the Digital Age

"Last year, the Court ducked an opportunity to determine in Morse v. Frederick whether public schools have authority to restrict student speech that occurs off of school grounds. The Court's refusal to address this issue was unfortunate. For several decades lower courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, however, courts have struggled with this same question in a new context -- the digital media. Around the country, increasing numbers of courts have been forced to confront the authority of public schools to punish students for speech on the Internet. In most cases, students are challenging punishments they received for creating fake websites mocking their teachers or school administrators or for making offensive comments on websites or instant messages. More often than not, the lower courts are ruling in favor of the schools." Source: Boston College Law School.

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