Students The Law TIM STELLMACHER DAN MCCREA NATHAN

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

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

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

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

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

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

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

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 Yes No Lewd, Sexual, or Profane Language School. Sponsored Speech Occur on School Grounds

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

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. ”

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

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

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 Yes No Lewd, Sexual, or Profane Language School. Sponsored Speech Occur on School Grounds

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

Killion v. Franklin Regional School District (2001) What would you do? 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) Substantial Disruption Yes No Lewd, Sexual, or Profane Language School. Sponsored Speech Occur on School Grounds

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

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

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

Policy Considerations The policy puzzle IT Off Campus On Campus Sta ff District Students

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

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

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

What do your policies look like?

Thank You!