The Internet age continues to raise new questions about when off-campus behavior comes under the authority of public schools.
Of course, students have been subject to punishment for off-campus behavior since the mid-19th century, when the Vermont Supreme Court upheld the discipline of a boy who was overheard using disrespectful language as he passed by his schoolmaster鈥檚 house. (鈥淢isbehavior Off Campus Raises Issues,鈥� May 28, 2003.)
In a decision late last month, a federal appeals court ruled that a student鈥檚 off-campus blog remarks created a 鈥渇oreseeable risk of substantial disruption鈥� at her high school, and thus she was not entitled to a preliminary injunction reversing her discipline.
A lawsuit filed on behalf of Avery Doninger, a senior at Lewis S. Mills High School in Burlington, Conn., alleged that she was barred from serving as senior class secretary and from speaking at her graduation this spring because of derogatory comments she wrote about school officials on the blogging site . In a controversy over the scheduling of a school event, Ms. Doninger wrote that 鈥渏amfest is cancelled due to douchebags in central office,鈥� and that readers should contact the superintendent 鈥渢o piss her off more.鈥�
In its May 29 decision, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City, unanimously ruled for school officials. 鈥淭he blog posting directly pertained to events at lmhs, and Avery鈥檚 intent in writing it was specifically to encourage her fellow students to read and respond,鈥� the appeals court said.
A lawyer representing the school administrators who were defendants in the case told the Hartford Courant the ruling was 鈥渁 very, very decided victory鈥� for school authorities.
Mitchell H. Rubinstein, an adjunct law professor at St. John鈥檚 University and New York Law School, said he found the court鈥檚 argument that the student鈥檚 speech would disrupt her high school unpersuasive.
鈥淭his demonstrates how narrow students鈥� First Amendment protections are,鈥� said Mr. Rubinstein. 鈥淚f this student can鈥檛 speak up against the administration, what student can?鈥�
