The Five Freedoms Project

You Be The Judge

Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.

September 16–30, 2008

Online Student Speech

A student’s web posting criticized her school’s body-piercing policy with vulgar language and harsh criticisms. The student, who posted the comment on her personal computer at home, contended that her message was protected political speech. A juvenile court disagreed, ruling that school officials had been harassed. The case went to the Indiana Court of Appeals.

May principals punish students for criticizing school policies online?

Vote Now!

  • 33%
    A. YES
    Students do not have the right to publicly criticize school officials and policies. Such power for principals is essential to the preservation of order, decorum, and good government in public schools.
  • 35%
    B. NO
    Because the posting was made on the student’s free time, and on her own computer, the school may not infringe in any way on her right to express herself.
  • 32%
    C. NO
    A public school may not prosecute a student for using vulgar, critical language if her overall message is aimed at commenting on a public school policy.

  • Incorrect

    This answer quoted language from a 1908 lower court opinion in favor of school officials. Since then, the U.S. Supreme Court has recognized that students in public schools do have First Amendment rights — within certain limits.

  • Incorrect

    Although public school officials do not have carte blanche to censor off-campus student speech (as this answer implies), it may punish students for language that constitutes either a true threat or material disruption of the school.

  • Correct!

    As the Indiana Court of Appeals ruled in A.B. v. Indiana, the student was clearly criticizing the principal’s school policy. “While we have little regard for A.B.’s use of vulgar epithets, we conclude that her overall message constitutes political speech.”

Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinions.

WHAT DO YOU THINK OF THE COURT'S DECISION?

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