Schools increasingly discipline students for off-campus speech on websites like MySpace

A number of school districts across the nation have blocked access to websites, such as MySpace and Facebook, on school computers. But school districts now are reaching into students' home computers, severely punishing and even expelling students for what they write on those sites from home. The issue has created a free-speech debate between school administrators worried about the disruption of the learning process, on one hand, and students, parents, and First Amendment advocates worried about whether overzealous school boards are overstepping their bounds, on the other. The debate is beginning to be explored in courts. "Some courts have said that speech which is done on school computers is clearly within the domain of the administration to set reasonable standards for," says Tom Clarke, a San Francisco attorney who works on First Amendment questions. "Some have said if it's off-site, then the students are fully protected. Some have said if it can be read by people on the school premises, then it comes within the jurisdiction of the school board. Those are the three crazy standards that currently exist." Witold Walczak, legal director for the American Civil Liberties Union of Pennsylvania, agrees that school districts should punish students who post admissions of illegal activity, such as students who post pictures of themselves drinking, doing drugs, or committing other criminal acts. He also agrees that racist remarks or postings that promote or predict violence should be punished. He claims, however, that school officials primarily go after students who simply are venting about teachers. "Most of what we're seeing is not threatening speech. It's offensive speech-it's crude, it's juvenile, it's profane," he says. "I actually think both students and officials need to learn a lesson from all this." Nonetheless, school officials insist students are increasingly crossing the line from innocent rants about teachers to harassment or worse. "When you're a teen, you write things on a blog that you would never say to someone else in person," says Jim White, director of information services at the Clark-Pleasant Community School Corporation (CPCSC) in Indiana. "So we want them to learn that they have First Amendment rights, but there's a responsibility that comes with that speech." The district has adopted a policy that warns students they could be punished for comments they make online, from home or school. "In essence, you blog ... at your own risk," the policy reads. Paul Houston, executive director of the American Association of School Administrators, believes safety on school grounds is especially sensitive issue right now because of the recent spate of school shootings. "The context of the times obviously adds a dimension of concern," he says. However, he admits school boards are struggling to find the delicate balance between ensuring student safety while protecting their constitutional freedoms.