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Cyberspace Is Outside The Schoolhouse Gate: Offensive Online Student Speech Receives First Amendment Protection, Joseph Tomain
Cyberspace Is Outside The Schoolhouse Gate: Offensive Online Student Speech Receives First Amendment Protection, Joseph Tomain
Joseph A Tomain
Doctrinal and normative analysis show that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus; one of these cases may be heard en banc. Another case addressing this same issue is currently pending before the Second Circuit. …