Student MySpace Posting Deemed Free Speech

Donna Porter, Yahoo! Contributor Network
Apr 10, 2007 "Share your voice on Yahoo! websites. Start Here."

One of two lawsuits involving student MySpace postings and the issue of freedom of speech has been ruled upon.

The Indiana Court of Appeals ruled that a judge violated a minor's free-speech rights when he sentenced her with probation for a derogatory entry on MySpace that criticizes a school principal.

On Monday the three-judge panel ordered the Putnam Circuit Court to set aside its penalty against the minor female, referred to as A.B. in court records.

"While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion.

The case was based on a MySpace blog supposedly created by Greencastle Middle School Principal Shawn Gobert. In February 2006 A.B. made derogatory postings on Gobert's MySpace page concerning the school's stance on body piercing.

The state filed a petition In March 2006 and claims if A.B. had been an adult her acts would have been considered harassment, identity deception and identity theft. Most of the charges were dropped by the original court but the judge ruled the comments obscene and for A.B. to be charged as a delinquent child. The Indiana judge sentenced her to nine months of probation.

The ruling was appealed based on her constitutional right to post her MySpace comments. A.B. argued that her comments were protected political speech under both state and federal constitutions as they concerned school policy.

The Court of Appeals agrees and found the comments were protected and the ruling of the juvenile court unconstitutional as it restricted her right of free expression.

The Associated Press left a message at Greencastle Middle School on Monday seeking comments from the principal whose published number was unavailable.

Another MySpace Freedom-of-Speech Case, ACLU Involved

This is not the first lawsuit concerning MySpace postings and freedom of speech.

In Pennsylvania, Hermitage High School Principal Eric Trosch is suing four former students, claiming their MySpace postings "humiliated him, damaged his reputation and limited his earning capacity," according to the Associated Press.

The students posted three separate MySpace Web pages, parodies of the principal, which claimed he smoked marijuana, kept beer at school and enjoyed having sex with students.

One of the former students, Justin Layshock, received a 10-day out-of-school suspension as a result for creating one of the MySpace entries. Layshock, now a college student, has joined with his parents in a reciprocal federal lawsuit.

The American Civil Liberties Union of Pennsylvania is representing the Layshocks and say the MySpace profile was protected by the First Amendment and that the school's punishment violated Layshock's rights.

While the Trosch case is significantly more involved than the case of A.B., and potentially crossing litigious lines, these ruling have and will impact what is considered true freedom of speech without infringing on the rights of others. They also serve as a word of caution to students and their parents on keeping comments out of the courts.

SOURCE: The Associated Press (April 10, 2007)
Student Press Law Center (http://www.splc.org/newsflash.asp?id=1497&year=) (April 10, 2007)

Published by Donna Porter

Writer / Journalist -- A Yahoo News! Contributor Donna began her writing and internet career in 1995 in the health industry and became an early dot-com entrepreneur soon after. Masters certified in Internet... View profile

Takeaways

Appeals Court finds student MySpace postings, though obscene, are free speech.
A student suspended for a MySpace parody of a principal is now represented by the ACLU.
Freedom of speech lawsuits such as these will set precedence.

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Student MySpace Posting Deemed Free Speech

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