1. Students & The Law TIM STELLMACHER DAN MCCREA NATHAN JAEGER KRIS DEBRUINE

2. What do you do? Student created an extremely derogatory “Top Ten List” about the Athletic Director Website was created from the student’s home List was brought to campus by another student

3. Objectives 1. Be able to apply any of the 3 seminal cases to a free speech issue involving the internet 2. Be able to apply a format “additional tests” from subsequent case law to a practical example 3. As a Business Manager, be better prepared to take the first steps if an issue occurs in your district

4. Tinker v. Des Moines School District (1969) SITUATION: Students suspended for wearing black armbands in protest of the Vietnam War “First Amendment rights…are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to free speech at the schoolhouse gate.” 7-2 decision clearly indicated that a student has a right to freedom of expression to social, political and economic issues in junior and senior high schools

5. Tinker v. Des Moines School District (1969) BUT student expression can be restricted if it disrupts school activities or affects the rights of other students No tests for the definition of “disruptive” were defined by the decision

6. Bethel School District v. Fraser (1986) Fraser gave a speech referring to the student he was endorsing "in terms of an elaborate, graphic and explicit sexual metaphor.” Speech was given at a school assembly Lewd and offensive language was used Courts ruled to limit student’s rights to use lewd, sexual, and profane speech

7. Hazelwood School District v. Kuhlmeier (1988) Principal chose to remove two articles from the school newspaper regarding pregnancy and divorce Courts ruled in favor of the school district citing:  School newspaper constitutes “school-sponsored speech”  The school newspaper in not a public forum

8. Mahaffey v. Aldrich (2002) Student was suspended for contributing to a non-obscene website that was created off campus Boy added to the website from an on campus computer during his free time Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

9. Mahaffey v. Aldrich cont. Website Created On- Campus Website Disseminated On Campus Substantial Disruption Nature of Expression was Vulgar Yes No Decision: for the student

10. J.S. v. Bethlehem Area School District (2000) Student created a web-site with “derogatory, profane, offensive and threatening comments” about a teacher It was determined that a significant disruption occurred “There is a sufficient nexus between the web site and the school campus to consider the speech as on campus” “where speech that is aimed at a specific school and/or its personnel [and] is brought onto the school campus or accessed at school by its originator, the speech will be considered on-campus speech.”

11. J.S. v. Bethlehem Area School District Cont. Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

12. J.S. v. Bethlehem Area School District Cont. Website Created On- Campus Website Disseminated On Campus Substantial Disruption Nature of Expression was Vulgar Yes No * important to note the presence of a “threat” in this particular case Decision: for the School District

13. Beussink v. Woodland R-IV School District (1998) Student created a web page criticizing his high school Site used vulgar language in reference to teachers, the principal, and other aspects of the school Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

14. Beussink v. Woodland R-IV School District (1998) Website Created On- Campus Website Disseminated On Campus Substantial Disruption Nature of Expression was Vulgar Yes No Decision: for the student

15. An unhappy student created a extremely derogatory “Top Ten List” about the Athletic Director from home List was brought to campus but not by the unhappy student The student was suspended for 10 days for verbal abuse of a staff member Parents took case to court Killion v. Franklin Regional School District (2001) What would you do?

16. Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No Killion v. Franklin Regional School District (2001)

17. Killion v. Franklin Regional School District Cont. Website Created On- Campus Website Disseminated On Campus Substantial Disruption Nature of Expression was Vulgar Yes No

18. Threats A true threat is “a statement that would cause a reasonable person to regard the statement as showing an immediate, unequivocal attempt to cause harm” True threats are not protected speech under the First Amendment Tinker, Fraser, and Kuhlmeier cases do NOT apply Location at which a threat is made is also irrelevant

19. Tinker v DMSD (1969) Bethel v Frasier (1986) Hazelwood SD v. Kuhlmeier (1988) Beussink v. Woodland R-IV SD (1998) Morse v. Frederick (2007) Killion v. Franklin Regional School District (2001) 1986 1969 1988 1998 2000 2001 2007 J.S. v. Bethlehem Area School District (2000) J.S. v. Blue Mountain School District (2007) Requa v. Kent School District (2007) Layshock v. Hermitage School District (2007) Timeline of Landmark Cases 2002 Mahaffey v. Aldrich (2002)

20. Emmett v. Kent School District (2000) Student created an “unofficial school website” from home Site included non-threatening mock obituaries Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

21. J.S. v. Blue Mountain School District (2007) Student created a parody online MySpace profile of her principal Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

22. Requa v. Kent School District (2007) Student secretly took video footage of a teacher, edited it, and posted it on YouTube Video included lewd and offensive behavior such as a student standing behind the teacher making pelvic thrusts Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

23. Layshock v. Hermitage School District (2007) Student created a parody MySpace page of his principal from his grandmothers home computer Substantial Disruption Lewd, Sexual, or Profane Language School- Sponsored Speech Occur on School Grounds Yes No

24. Morse v. Frederick (2007) Student displayed a large banner promoting illegal drug use at a school-sponsored event The message was “clearly disruptive of and inconsistent with the school’s educational mission to educate students about the dangers of illegal drugs. Courts determined that schools may prohibit pro-drug messages

25. Policy Considerations The policy puzzle District Students Staff IT On Campus Off Campus

26. Policy Considerations Technology Policy (300 Policy Series – Instruction)  Internet  E-Mail  Social Networking  Classroom Applications  District Applications Bullying Policy (400 Policy Series – Students)  Harassment – Physical, Social & Emotional Staff & Student Relations (500 Policy Series – Personnel)  Harassment – Physical, Social & Emotional  Off Campus Student & Staff Communications

27. General Policy Considerations Does the policy have a legitimate educational purpose and meet the community’s needs? Is the policy consistent with relevant state and federal laws, CBA’s and other district policies? Is the policy reasonably clear and specific? Can the policy be implemented using available staff and resources? Source: WASB Policy Service

28. Policy Resources Staff Student Relations  School District of Waukesha  St. Francis School District  Franklin Public Schools Staff Use of IT & Communication Resources  Elmbrook School Staff Use of IT & Communication Resources Student Use of Technology  Cedarburg School District WASB

29. What do your policies look like?

30. Thank You!