GEM 1 Cyber Law by Aimee M. Bissonette Chapter 2 Students Use of the Internet

This chapter talked about the issues that surround the students inappropriate use of the Internet and then the school's role in preventing this inappropriate use.

The primary issue that is addressed is the issue of free speech.  If students publish inappropriate things on the Internet can something be done without violating the students right to free speech.  The chapter talks about U.S. courts ruling that students do have the right to free speech but there are certain limits within they must work.  Schools have the right through case law to restrict students speech as long as they are on school grounds.  Case law also gives the school the right to restrict students speech if it will disrupt the classroom or invade someone else's rights.  They can restrict this speech much easier when the students are on student grounds then when they are off.

As far as on campus use schools can restrict the use of the Internet because they are the ones who pay for and maintain the services.  By declaring a limited forum school can place reasonable restrictions on students use of speech on the Internet.  This can include obscene, profane, rude and any speech that could cause damage to the school.

Off campus inappropriate use of speech is a little harder for schools to deal with and sometimes they just have to let it go.  They have no legal recourse if things were taped off school grounds and posted on line without fear of violating the free speech of the student.  The only type of off campus inappropriate speech schools can respond to and not have to fear being sued is if the speech threatens violence or just refers to violence.

The school's role in preventing this type of inappropriate use of the Internet and inappropriate speech is to first to create and enforce strict policies about appropriate conduct while the students are at school and using their systems.  The second role is to educate the students about appropriate use and conduct of the Internet when they are not at school.  It is the school's role to educate the students in the proper use of the Internet, both in school and out of school, to help them understand the proper use of the Internet.  Students need to understand the appropriate use of this resource so that they can exercise their right of free speech but in a way that is appropriate and not harmful to others.Schools need to teach the students the long term effects of the things they post on the Internet and how it will effect them as well as others.