Innocent or Guilty?
Real cases involving teens, their schools
and the Internet.
By Tom Jacobs
TWEENS & TEENS News March
2008
What does 15-year-old Toni from Finland have
in common with J.S., an 8th grader from Pennsylvania;
Nick, a senior from Washington; Aaron, 15,
from New York; and Joshua, 17, from North
Carolina? If you guessed that each teen has
been to the principal’s office about
their use of the Internet, then you’re
correct.
The creation of the Internet has resulted
in new challenges for education. A school
can regulate computer-related activities on
campus. But, can its authority reach beyond
school grounds? Can you be disciplined at
school for what you do on the computer at
home? It’s important to know the limits
before getting online, especially when it
comes to expressing your feelings about a
class, a teacher or a school principal.
In 1997, the United States Supreme Court stated
that the Internet is protected by the First
Amendment to the Constitution. Freedom of
speech, however, does not mean that anything
goes— that you can say anything you
like about anyone without consequences. The
First Amendment provides protection for speech
that is reasonable. Meaning, you can’t
stand up in a crowded theater and jokingly
yell “fire!”
The leading case governing student free speech
is the 1969 Tinker decision. The Supreme Court
ruled that student speech is protected as
long as it doesn’t disrupt the school
environment or violate the rights of another
person. The Tinker test has been applied to
most of the cases discussed here. What you
do online, whether by e-mail, a blog or otherwise
involving the Internet, may be censored. And
consequences may be imposed if your actions
are deemed inappropriate under the Tinker
ruling. Consider the following cases before
you sign on again...
Toni was at a school party near Helsinki,
Finland, in April 2007. He took a video of
his teacher singing karaoke and posted it
on YouTube. He named the teacher and wrote
that she was a lunatic singing at a mental
hospital. The teacher suffered anxiety and
depression from the incident. Toni was fined
more than $4,000 for his prank.
In July 2007, several U.S. courts ruled on
two cases of cyber-bullying. Justin, a 17-year-old
senior, used his grandmother’s computer
to create a parody of his principal on MySpace.
It included silly questions and answers, crude
language and a picture of the principal taken
from the school’s Web site. Justin sent
the online parody to his friends and soon
it was all over the school. As a result, Justin
was suspended for ten days and prohibited
from attending his graduation ceremony. A
court ruled that his creation did not disrupt
the school environment or violate the rights
of the principal. In its decision, the court
said that a “MySpace Internet page is
not outside of the protection of the First
Amendment.”
Aaron used his parents’ computer to
create an instant message icon. It depicted
a hand-drawn gun pointed at a person’s
head. Underneath the icon appeared the phrase
“Kill Mr. VanderMolen,” Aaron’s
English teacher. Aaron was suspended for five
days. The court upheld the suspension as appropriate
because it was disruptive and presented a
foreseeable risk of harm.
Depending on the circumstances, the situation
involving a teen and the Internet can include
criminal charges. Joshua was a high school
senior in North Carolina when he wrote as
the school’s screensaver, “The
End is Near.” This occurred a few days
after the Columbine school killings in Colorado
in 1999. Joshua was charged with communicating
a threat, and a jury found him guilty. He
was sentenced to 45 days in jail, probation
for a year and 48 hours of community service.
Joshua’s conviction was reversed on
appeal, as there was no evidence of a willful
threat to injure anyone.
Other students have also faced school discipline
for Internet activities at school and at home.
Courts differ in their interpretation of what
constitutes a true threat as opposed to acceptable
freedom of expression.
Joshua from Michigan added a list of “people
I wish would die” to a Web site named
“Satan’s Web page.” Once
word got out and the authorities intervened,
Joshua was hospitalized for three days for
a mental health evaluation and suspended for
a semester. The court found that Joshua’s
posting failed to cause any disruption at
school.
J.S. was an 8th grader in Pennsylvania when
he created a Web site at home called “Teacher
Sux.” He posted threats against his
algebra teacher and principal. One Web page
was captioned “Why She Should Die”
and asked for $20 donations to help J.S. hire
a hit-man. This was accompanied by a drawing
of the teacher with her head cut off and blood
dripping from her neck.
The featured algebra teacher was frightened
and suffered from stress, anxiety, and loss
of appetite and sleep. She was unable to finish
the school year. The school district voted
to expel J.S. The court considered the issue
of whether a student could be disciplined
for speech occurring off school grounds and
communicated to others via the Internet. The
court ruled in the school’s favor—
“protected speech may be subject to
restriction in a school setting,” particularly
in this case where the statements constituted
a true threat.
In an unusual twist of creativity, Nick posted
mock obituaries from his home computer. He
had taken a creative writing class, and the
teacher assigned students to write their own
obituaries. Nick carried the task a step further
by writing and posting his friends’
final biographies. A TV station reported on
the mock death toll, calling it a “hit
list,” and Nick was suspended. The court
ruled in Nick’s favor, finding no threat
or intent to intimidate or cause disruption
at school.
These are a few examples of cases that have
been litigated. Many other incidents of school
discipline have occurred and, when challenged,
been settled out of court. Students have rights
on and off campus, and must exercise them
responsibly. Enjoy your freedom of speech
and expression on the Internet. But understand
that cyber-bullying is an unlawful reality.
When identified, cyber-bullying is generally
dealt with by the school and, when appropriate,
the police. Keep these cases in mind before
you send e-mails or post something online.
Tom Jacobs is the author of the teen
law Web site www.askthejudge.info and What
Are My Rights? (Free Spirit Publishing).
