legal implications of the internet, free speech|t
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James Hunter - Legal Implications of the Internet, Schools,.ppt Page 1
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
James Hunter - Legal Implications of the Internet, Schools,.ppt Page 2
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?
James Hunter - Legal Implications of the Internet, Schools,.ppt Page 3
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 Page 4
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)
James Hunter - Legal Implications of the Internet, Schools,.ppt Page 5
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 Page 6
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.
James Hunter - Legal Implications of the Internet, Schools,.ppt Page 8
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?)
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