Chapter Eleven - Top Ten Rules That Govern School Authority Over Student Cyber Expressions
Summary
This chapter simply lists the top ten rules that govern school authority over student cyber expressions. These are:
1. First amendment provisions only apply to public school students.
2. Censorship is permissible if the student expression reasonably suggests a substantial disruption to school activities.
3. Censorship is permissible if the student expression actually interferes with students' rights to educational benefits or substantially detracts from the learning environment.
4. Lewd, vulgar, or profane language is inappropriate in a public educational environment.
5. Reasonable regulations may be imposed with respect to the time, place, and manner of student expressions involving school property, school equipment, or school events.
6. Schools may regulate school-sponsored expression if the expression is viewed as endorsed by the institution.
7. Schools may regulate school-sponsored expression on the basis of any legitimate pedagogical concern.
8. Off-campus expressions may be regulated only when sufficient nexus to campus is shown.
9. Expression may be restricted if it is reasonably perceived to be inconsistent with the "shared values of a civilized social order."
10. True threats and criminal activity may always be regulated regardless of whether they originated on or off campus.
Reaction
I do not have a problem with any of the rules listed above. However, I do think that #9 is a bit confusing. I think the "shared values of a civilized social order" needs to be more clearly defined. Who defines the shared values? What are the values? In a diverse and multi-cultural society, not everybody shares the same values.
Hmmmm....that is interesting wording. I'm with you on not completely understanding it. Do you think that even in a diverse society, we have fairly clear expectations for behavior? Maybe this is one of those blanket statements that lawyers often use to cover things that come up that they might not anticipate in advance?
ReplyDeleteI completely agree with you about the loose definition of "shared values of a civilized social order." I may be totally wrong, but I think it is loosely defined because we are such a diverse culture. I think it gives each school district the opportunity to define it as they choose. For example, in an elementary school something a student says may be very inappropriate for that community, but if a student said the same thing in a high school, it would be more acceptable. I can't think of an example right now, but I think that the definition of "shared values of a civilized social order" could be construed differently in each situation.
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