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Monday, April 16, 2007

Ind. Decisions - Still more on "MySpace Postings Are Free Speech"

The April 9th Court of Appeals opinion in A.B. v. State of Indiana (ILB entry here), is the subject of an article today by Julie Hildren, in Findlaw's legal news and commentary section. Here are some quotes:

In this column, I'll discuss the ruling and consider a question the Indiana court expressly did not reach: whether the student's speech would be protected under an analysis based not on the Indiana constitutional provision, but on the First Amendment itself. * * *

One final reason the Indiana appellate court may have punted on the First Amendment issue here is that the U.S. Supreme Court is right now deciding a case that may affect that issue: the "Bong Hits 4 Jesus" case. * * *

The Indiana court did the right thing in the A.B. case -- refusing to deem a middle-school student a juvenile delinquent for speaking out on MySpace. Let's hope the Supreme Court, in the "Bong Hits" case, does the right thing too.

Earlier ILB entries on the decision are here and here.

Posted by Marcia Oddi on April 16, 2007 07:54 AM
Posted to Ind. App.Ct. Decisions