« Law - "Security Officials Seek to Block Some Online Maps" | Main | Environment - AEP to Pay Large Sum in Clean Air Settlement [Updated] »
Tuesday, October 09, 2007
Ind. Decisions - More on: Three cases granted transfer today, including whether myspace.com postings are protected political speech
From this Sept. 26th ILB entry, reporting that the Supreme Court had granted transfer in the case of:
A.B. v. State - The ILB summary to the COA opinion sets out the issue: "Whether the message authored by A.B. and posted on a myspace.com website is protected political speech." See also this ILB entry from April 10, 2007, this one from July 17, 2007, and this one from Sept. 2, 2007.Today Meranda Watling reports in the Lafayette Journal & Courier, under the headline "Student says Facebook posts led to suspension":
A West Lafayette High School student says she and several others were punished last week for messages posted on a Facebook group created in support of a student who had been suspended.School officials were keeping quiet Monday about the incidents, saying all behavior issues are confidential.
But sophomore Caitlyn Casseday said she was given in-school suspension Friday for a comment posted on a video that showed two students in the altercation that led to the original suspension. She said Monday that she posted comments on the Facebook site that included calling assistant principal Ron Shriner an obscene name, but she said none of the posts threatened him.
"A lot of people who made comments about the video and administration and Mr. Shriner got in trouble," Casseday said.
She said someone printed the comments and gave them to administrators. Unless set otherwise, Facebook groups can be accessed by anyone with an account on the social networking site.
After that, she said several students were given punishments. Casseday said she was called into Shriner's office.
"I asked him, 'Am I not protected? How can I get in trouble? Don't I have freedom of speech?'" Casseday said. * * *
School officials, including Allen and superintendent Rocky Killion, would not confirm whether students had been suspended or how many may have been involved.
Allen would not comment on the allegations but said the school's policy is clear.
"All we're asking is for kids to cooperate with the school code of conduct and not disrupt school," he said.
The code of conduct, which is posted on the school's Web site, does not directly address postings on the Internet.
Under grounds for suspension or expulsion, it does include "engaging in speech or conduct ... that is profane, indecent, lewd, vulgar ... or is plainly offensive to school purposes." The code notes that the rules apply when a student is on school grounds, off school grounds at a school activity or traveling to or from school or a school activity.
Killion also declined to discuss the incident but said comments made about the school by students should be investigated.
"When students place inappropriate information and comments on the Internet and other sites, we take it on a case-by-case basis," he said.
David Hudson, a scholar at the First Amendment Center who specializes in student expression, said case law has yet to determine how far school authority extends when it comes to the Internet.
"It really is a case-by-case," Hudson said. "I think the problem for school officials is sometimes they just censor it because they don't like it. And disliking student speech is not an acceptable defense. You have to point to specific facts that indicate it will cause a significant disruption."
Posted by Marcia Oddi on October 9, 2007 10:51 AM
Posted to Ind. App.Ct. Decisions