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Perspective

Jun. 25, 2011

Student Free Speech v. Cyber Misconduct

Student free speech trumps school district's ability to discipline for cyber misconduct. By Gretchen M Shipley of Fagen Friedman & Fulfrost


One of the highest courts in the nation recently ruled in favor of student free speech over a school district's ability to discipline a student for cyber misconduct. The 3rd U.S. Circuit Court of Appeals held that a school district violated a student's First Amendment rights by disciplining the student for creating a parody of her principal on MySpace. J.S. v. Blue Mountain School District, No. 08-4138 (3d Cir. Jun. 13, 2011).


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