Wednesday, June 3, 2009

Myspace and the first amendent

http://www.law.com/jsp/article.jsp?id=1202431172790

This article is a look into the kind of stuff that goes through the lives of young teens now a days. It shows you that they may have an imagination but they are also crossing the line by created something for someone that isn't themselves. It brakes it down for you and shows you what teenagers are susceptible to in their everyday life. It makes you wonder that they may be like when they get older or what the other person is going through in this situation. It makes me wonder about the fact that they say the school board went to far in disciplining the kids because it was done outside of the school but then how do college sports, the NCAA and job offices get the right to look through our facebook or myspace pages and discipline us for things that may be on there. I think that there should be a level of equality in between the two sides of everything that is going on through the internet these days.

3 comments:

  1. Interesting read. I see that in a few of the cases, (particularly Layshock v. Hermitage School District), the Judge sided with the creators of a fake profile, finding that the school had no power to discipline the student for activities outside of the school.

    True as this may be, the student is still responsible for the libel published on the fake myspace page, violating 1st amendment via defamatory speech. The student was publishing "facts" about the principal.

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  2. Dan's comments about the libel issue echo my very thoughts as I read this article. Whether the school has a right to punish kids for off campus activities is questionable (I think they should if those actions have a direct relation to the school or any of its members and is shown to be harmful in any way). But to me this article screams of a even bigger issue, libel. The students clearly wrote false accusations/comments about a school principle. One who deals with underage children. In our times of now with so much of the Megan's Law in effect comments like those posted by the kids could be very damaging. It can be very difficult for anyone to repair a false reputation no matter how much evidence they can show to the contrary.

    A suspension is not such serious punishment for what the kids wound up doing.

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  3. I posted this as a followup:

    http://bizlawbuzz09.blogspot.com/2009/06/more-on-cyberbullying-social-networking.html

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