Monday, April 25, 2011

Inside Four Walls: Finally some sanity prevails

Most of my posts dealing with education have been about students having free reign on free speech while the teachers have been stifled. Well maybe the tide is turning? Maybe?
That night, Doninger wrote a Livejournal blog post criticizing the school officials' handling of the issue. In the post, she called the school officials “douchebags” and asked her fellow students and their parents to complain to school superintendent Schwartz in order “to piss [Schwartz] off more” than the mass e-mail had.In response to her blog post, the school barred Doninger from running for reelection as Class Secretary for her senior year. At the class election, school officials prevented a group of students from wearing “Team Avery” t-shirts. According to school principal Niehoff, the t-shirt ban was intended to prevent electioneering by candidates and supporters who could afford such merchandise.
So what happened? She sued and guess what? She lost.
The court determined that Avery's blog post constituted on-campus speech for First Amendment purposes, regardless of the fact that she wrote it off campus, because "the blog was related to school issues, and it was reasonably foreseeable that other LMHS students would view the blog and that school administrators would become aware of it." Slip op. at 28. The court then noted that school administrators have the right, in certain situations, to restrict on-campus speech to promote school-related goals. The court also ruled that Avery does not have a First Amendment right to run for voluntary office.
Who knew? This should be interesting to follow. Definitely nice to see this happen though. Students think they own the world, so it's kind of nice to see them come crashing down.

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