Free Speech

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Do Students Have the Right to Post Negative Comments Online?

Flickr: Zawezome

By Corey G. Johnson

Civil rights groups recently intervened in a free-speech controversy at the San Francisco Unified School District after a school suspended three high school seniors and banned them from graduation and prom over comments they made online.

The students were suspended from George Washington High School after a teacher learned about postings on a Tumblr page called “Scumbag Teachers.” Some of the comments allegedly linked to the students included: “Teaches Pink Floyd for 3 Weeks; Makes Final Project Due In 3 Days” and “Nags Student Govt About Being On Task; Lags On Everything.”

The school principal accused the students of cyberbullying. They were suspended from school for three days, banned from prom and told they couldn’t walk with their classmates during graduation. One of the students was kicked off the student council.

The Asian Law Caucus and ACLU of Northern California said they were concerned that the students’ rights were being violated and wrote letters to district officials questioning whether the students and parents were given due process. The district then reinstated the students.

The district’s initial punitive actions prompted student outrage on other Tumblr sites. One student stated:

Find it ironic how Washington led the American Revolution against the British soldiers for freedom from King George, and here you are, sitting in this school trying to control the students the exact same way the king was, by taxing not our goods, but our freedom of Continue reading

Facebook, Students and Teachers: A Question of Free Speech

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By Rob Arcamona

Last week, a Missouri judge issued a preliminary injunction against the state, suspending part of a law that would have made it illegal for teachers and students to connect via social networks.

Section 162.069.4 of the Amy Hestir Student Protection Act — which aims to protect children from sexual predators — prohibits teachers from establishing, maintaining or using a “non-work-related Internet site which allows exclusive access with a current or former student.”

On its face, the law appears to stop teachers from using popular websites and services such as Facebook, Twitter or Gmail — any site where there is a function allowing a teacher to privately message a student. But the injunction showcases that the law may go much further than that — into shaky First Amendment territory.

There is a “substantial likelihood” that Section 162 violates educators’ First Amendment rights.

In issuing the injunction order, Cole County Circuit Judge Jon Beetem stated that the breadth of this one provision was simply “staggering.” The provision, Beetem wrote, creates a “chilling effect” on teachers’ speech.

According to the judge’s order, there is a “substantial likelihood” that Section 162 violates educators’ First Amendment rights. As a result, Beetem temporarily suspended the law while the government and teachers’ associations prepare for their next move. Continue reading