Interesting People mailing list archives

when will they learn -- Appeals Court Weighs Teen's Web Speech


From: David Farber <dave () farber net>
Date: Thu, 6 Mar 2008 12:15:23 -0800


________________________________________
From: Zach White [zwhite () darkstar frop org]
Sent: Thursday, March 06, 2008 2:11 PM
To: David Farber
Cc: Matt Murray
Subject: Re: [IP] Appeals Court Weighs Teen's Web Speech

On Thu, Mar 06, 2008 at 05:05:09AM -0800, David Farber wrote:

________________________________________
From: Matt Murray [mattm () optonline net]
Sent: Thursday, March 06, 2008 7:07 AM
To: David Farber
Subject: Appeals Court Weighs Teen's Web Speech

NEW YORK - A teen who used vulgar slang in an Internet blog to complain
about school administrators shouldn't have been punished by the school, her
lawyer told a federal appeals court.

This is far from the first time schools have attempted to treat online
speech the same as on-campus speech.

I believe the first case is O'Brien v. Westlake City Schools Board of
Education. In that case, Sean O'Brien (RIP) created a website,
raymondsucks.org, to make fun of his band teacher. He was predictably
suspended over the incident. A federal judge overturned the suspension.
The school settled the suit for $30,000.

http://www.freedomforum.org/packages/first/censorshipinternetspeech/part3.htm

It looks like earlier this year another student was expelled for their
online doings, and a slashdot commenter did the work of collecting up
the relevent case law for me:

http://yro.slashdot.org/comments.pl?sid=416450&cid=22028428

What concerns me most about this case is that in more than 10 years of
court cases about these issues, schools still treat students as if they
don't have any rights. What message is that sending to our youth?

-Zach

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