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A decision was handed down in a federal district court in California that is going to present significant problems for schools in responding to cyberbullying or sexting. http://www.latimes.com/news/local/la-me-youtube-schools13-2009dec13,0,6677934.story?page=1 For students, a right to be mean online? With schools meting out discipline for what they see as cyber-bullying, some courts, parents and free speech advocates are pushing back. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption of the school's activities, runs afoul" of the law, U.S. District Judge Stephen V. Wilson wrote in a 60-page opinion. "The court cannot uphold school discipline of student speech simply because young persons are unpredictable or immature, or because, in general, teenagers are emotionally fragile and may often fight over hurtful comments," he wrote. Here is the fact situation: One morning in May 2008, an eighth-grader walked into Janice Hart's office at a Beverly Hills school crying. She was upset and humiliated and couldn't possibly go to class, the girl told the counselor. The night before, a classmate had posted a video on YouTube with a group of other eighth-graders bad-mouthing her, calling her "spoiled," a "brat" and a "slut." Text and instant messages had been flying since. Half the class must have seen it by now, she told Hart. This is a horrendous decision. One that I hope and expect will be overturned on appeal. But in the meantime, I am pretty sure the school insurance companies and school attorneys will be advising principals not to suspend students for off-campus cyberbullying. I am not a fan of suspension to resolve bullying situations, but many administrators are just going to take the perspective that there is nothing they can do. I still think there are things they can do - and am working on an analysis of the case to set this forth. But it is a very bad decision. Nancy -- Nancy Willard, M.S., J.D. Center for Safe and Responsible Internet Use http://csriu.org http://cyberbully.org http://cyber-safe-kids.com http://csriu.wordpress.com nwillard@csriu.org Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social Aggression, Threats, and Distress (Research Press) Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the Internet Safely and Responsibly (Jossey-Bass) -------------------------------------------------------------------- Please note: All LM_NET postings are protected by copyright law. You can prevent most e-mail filters from deleting LM_NET postings by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book. To change your LM_NET status, you send a message to: listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL 3) SET LM_NET MAIL 4) SET LM_NET DIGEST * LM_NET Help & Information: http://lmnet.wordpress.com/ * LM_NET Archive: http://www.eduref.org/lm_net/archive/ * EL-Announce with LM_NET Select: http://lm-net.info/join.html * LM_NET Supporters: http://lmnet.wordpress.com/category/links/el-announce/ --------------------------------------------------------------------