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ERIC Number: EJ790436
Record Type: Journal
Publication Date: 2008-Apr
Pages: 6
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-1527-1803
When Cyberspeech Knocks at the Schoolhouse Gate
Hartung, Susan
Techniques: Connecting Education and Careers (J3), v83 n4 p39-44 Apr 2008
Determining whether student speech occurred on or off campus can be difficult and requires evaluation of a multitude of factors, including whether the speech occurred during school hours or on school property, whether it occurred at a school-sponsored event, whether school resources were used in its creation or distribution, and the impact of the speech on school operations. Essentially, there must be a sufficient nexus between the speech and the school community to be considered on-campus speech. Regardless of the on-campus versus off-campus distinction, courts have so far evaluated school regulation of off-campus speech, including student speech on the internet, under the general standard used for on-campus speech. Specifically, there must be a material disruption of class that involves substantial interference or an invasion of the rights of others at school before student speech can be limited. This standard for on-campus student speech was established by the United States Supreme Court almost 40 years ago in "Tinker v. Des Moines Independent Community School District". This article looks at possible solutions when a student's cyberspeech violates school policy.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United States