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Ok, so it does not hurt my news year's resolutions to start off the year quoted in the Washington Post (except perhaps for the resolution not to work quite as hard. ;-)) Story on cyberbullying. http://www.washingtonpost.com/wp-dyn/content/article/2008/12/31/AR2008123103 067.html What the reporter did not quote, however, is what I want to impart to educators. So sorry, but this is Ed Law 101. Historically, there are two philosophies that underlie the Free Speech Amendment: Common Good. Government has the authority to determine what speech is contrary to the public good, including such social values as order, morality, and religion. English Common Law ~ Blackstone Natural Rights. The role of government is to enforce the fundamental rights of individuals if those rights are injured by the exercise of speech by another. John Locke and Cato The courts have used both theories in cases involving student speech ~ unfortunately without discussing the underlying historical-based rationale. If school officials understand the underlying rationale, it is far easier to determine when disciplinary actions are ~ or are not ~ appropriate. When students are on-campus, school officials have the authority to respond to inculcate values of a civilized society ~ Common Good ~ and protect other students and ensure the delivery of instruction ~ Natural Rights. The authority to inculcate values ends at the schoolhouse gate. But the authority ~ and responsibility ~ to respond to off-campus student speech continues ~ if the impact of that speech has come through the schoolhouse gates and has or could significantly interfere with the rights of other students or the delivery of instruction. School officials have the authority to impose formal discipline for off-campus student speech if that speech has or a reasonable person would anticipate it could cause a substantial disruption at school or interference with the rights of students to be secure. There are three typical situations: violent altercations between students, hostile environment preventing a student from participating at school, or significant interference with the delivery of instruction or school operations. N the other hand, students also retain important free speech rights - especially the right of petition. "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances." ³A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.² Declaration of Independence. The right of citizens to petition government officials to correct a policy or right a wrong is fundamental to a democratic society. Studentsı right to petition has not been addressed by the courts. Some students are using the Internet to communicate their displeasure of school policies or the actions of school staff ~ frequently using objectionable language. This is obviously displeasing school officials. The right of students to use the Internet to petition ~ posting material that raises concerns about school staff or policies ~ must be supported. It is their constitutional right! But the right to petition does not extend to the right to engage in defamation, invade the privacy of others, or post material that shows someone in ³false light² ~ all of which are civil law remedies to speech that has ³crossed the line² from political protest to causing harm. Probably a bit too long for a news story. Ok, I will shut up now and enjoy the first day. 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, e-mail 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 * Allow for confirmation. * LM_NET Help & Information: http://www.eduref.org/lm_net/ * LM_NET Archive: http://www.eduref.org/lm_net/archive/ * EL-Announce with LM_NET Select: http://lm-net.info/ * LM_NET Supporters: http://www.eduref.org/lm_net/ven.html * LM_NET Wiki: http://lmnet.wikispaces.com/ --------------------------------------------------------------------