DRAFT: This module has unpublished changes.

Can Public School Students Constitutionally Be punished for Their Off-Campus Comments on Social-Networking Sites or Blogs?

In the verdict.justia.com website, the article "Can Public School Students Constitutionally Be Punished for Their Off-Campus Comments on Social-Networking Sites or Blogs?" is about the growing age of digital networking sites and how they attribute to certain legal issues about how schools impose restrictions to student's freedom of speech.

 

The article is important because it talks about a recent trend in Supreme Court. The digital world has been expanding and so have legal issues pertaining to freedom of speech. Not only are school officials allowed to restrict student's First Amendment rights, but they are now also allowed to restrict student speech that may not be expressed on the school grounds at all.

 

Reference 

Julie Hilden (August 2011) "Can Public School Students constitutionally Be Punished for Their Off-Camous Comments on Social-Networking Sites or Blogs?" Retrieved verdic.justia.com 

 

 

Does First Amendment Protect Students' Online Speech Off-Campus?

In the article "Does First Amendment Protect Students Online Speech Off-Campus?" Warren Richey discusses one of the most important issues facing Supreme Court judges today about whether or not students can be suspended for off-campus speech and whether or not school officials are allowed to punish students for off-campus speech.  The Supreme Court's refusal to take up three cases involving the free speech rights of minors allows us to understand this pressing issue. If our legal system can't even handle it, then how can we, as youth, be expected to?

 

This case is relevant to our issue because it fails to acknowledge the issue at hand. Many lower circuit courts are taking cases involving students and off-campus speech and they are constantly unaware of how to address the issue of whether or not students can be punished by school administrators for off-campus speech.

 

Reference

Warren Richey (January 2012) "Does First Amendment Protect Students' Online Speech Off-Campus?" Retrieved http://www.csmonitor.com

 

 

Free Speech Off Campus Must Be Protected

The article "Free Speech Off Campus Must Be Protected" explores the idea of "bad law". Ss Frank D. LoMonte explains, it is "distasteful facts and unlikeable parties tempt judges to back into the desired outcome without regard for the broader legal purposes at stake."  

 

This article touches upon not only the abridgment of student speech, but about the law itself. This article is very resourceful to my research, because it explores the idea that since the First Amendment was written, based on hundred-year-old practices, we have to learn to twist it to fit today's expanding digital world.  

 

Reference

Frank D. LoMonte (2012) "Free Speech Off Campus Must Be Protected" Retrieved http://chronicle.com/article/Free-Speech-Off-Campus-Must-Be/130660/

DRAFT: This module has unpublished changes.

SCOTUS for law students: Student speech and the Internet (sponsored by Bloomberg Law)

In this article “SCOTUS for law students: Student speech and the Internet (sponsored by Bloomberg Law),” the author addresses the challenges of applying “old rules to new technology” and about whether or not the courts are going to take up a case involving students' free speech claims. This article not only addresses the issues on educational law, juvenile law and First Amendment, but the relatively new idea of cyberspace as well.

 

This article also underlies the constant controversies and objects regarding the idea of school officials punishing students off-campus speech and depicts cases in which the student has won (Blur Mountain School District v J.S, Hermitage School District v Layshock) and cases where the school has won (Kowalski v Berkeley County School, Thinker v Des Moines).

 

Reference

Stephen Wermiel (January 2012) SCOTUS for law students: Student speech and the Internet (sponsored by Bloomberg Law) Retrieved:

http://www.scotusblog.com/2012/01/scotus-for-law-students-student-speech-and-the-internet-sponsored-by-bloomberg-law/

DRAFT: This module has unpublished changes.