Free speech spin-off...schools and MySpace pages

[Lori]

As another issue of free speech in schools, do you think that public schools should have the authority to limit what students can say on personal web pages like MySpace, by punishing them if they say things the school finds objectionable (or threatening them with punishment if they don't remove the site)? Does the authority a school has over the students extend to things done or said outside of the classroom?

[Polly]

A tough question. Does a student's MySpace create a "climate of hostility, abuse, or danger" to another student? If it does, then the school should not only notify the parents of the both students, it should investigate whether or not any laws were broken. (Posting obvious threats or showing YouTube videos of one student beating up another, etc.) If a law is broken, the school should call the police. However, the fine line of First Amendment rights must hold. I have a problem with schools disciplining for things that happen outside of school that do not violate laws-but I don't have a problem with a school notifying parents (especially parents of the victim) of their legal rights, i.e. slander or libel for which another student is responsible for.

Polly

[Lori]

I agree that if a school is made aware of something illegal a student is doing outside of school, particularly if it affects the safety of other students, it should call the police.

For things that are legal, though, I don't think the school has any right to get involved as long as the student isn't acting, either officially or unofficially, as a spokesperson for the school. I don't think that simply having the school listed on a MySpace page as where the student goes is enough to have the student acting as a spokesperson, since it's pretty clear in that case that the views someone expresses aren't going to necessarily be the views of the school. But, if a student makes an attempt to tie their views to those of the school, then I do think the school could have a reason to stop the student or punish them for doing so.

I was thinking of it in the context of something objectionable but not illegal, like a MySpace page that had racist ideas. Even though I'd personally object to what the student was saying, I don't think having a site like that would be disrupting the learning environment, provided they didn't try to tie the school to their ideas.

Private schools are a whole different issue, and obviously they can have whatever standards of conduct for students, in or out of school, that they want. But I think that public schools have to be a lot more careful. I think that sometimes what happens is that schools act as if the rules regarding school-sponsored speech (like school newspapers) are applicable to all forms of public student speech, but given the proliferation of ways for students to make their ideas public that are in no way tied to the school, like the internet, I don't think that can or should be the case. Unless a given site or forum is school-sponsored--or the student is attempting to give the impression that it is--then I don't think the school should take any action against speech/expression that is legal but objectionable.

[Polly]

I was thinking more about a Student A posting that Student B is a slut. Does this create a climate of abuse at school? Yes. Can the school legally do anything to punish Student A? No. This is why I'm suggesting notifying the parents.

Polly

[Lori]

I think that online harassment is a very gray area, but I do think there are ways to handle it. I guess I'd consider a student using a web page to harass another student the same as a student harassing another student in person outside of school. The school doesn't have authority, but legal action can be taken against the harasser, and should. And I do agree that in cases like that, if the school is aware of it, they should inform the parents about what is going on, and the authorities if a law is being broken.

[Desirae]

I agree with you both.

[Kristi]

I agree. I think if it is something that could be potentially harmful to other students then yes the school has the right to make authorities aware of it. I don't think they should punish them at school since they really cannot controll (and should not be able to) what a student does outside of school. But letting the parents know or letting police know is different. I see that is helping that student and protecting the rest of the students at the school.

[Erika]

A boring old ITA with Polly and Lori. The school shouldn't have the authority to decide what a student can and cannot say on their personal webpage or Myspace page. It really isn't any business of the schools. Although I suppose they could sue for libel if the student started posting gross misinformation about the school. But honestly, I would prefer if the school then contacted the parents or guardians and worked with them.

As for racist ideas, maybe keeping an eye on the student and if the parents aren't equally racist, getting them involved or alerting them to the page.

For online bullying, again alert the parents by all means, but since it would be done technically outside of school, the school wouldn't have authority over it.