Parents and students should be aware that various entities have the capability to thoroughly search the Internet for an individual's online activity spanning the last seven years. The Federal Trade Commission has concluded that these practices comply with the Federal Fair Credit Reporting Act. This information is often sourced from in-depth online searches that gather data from blog comments and posts on lesser-known social networks like Tumblr and Craigslist. Photos shared on platforms such as Flickr, Picasa, Yfrog, and Photobucket are also readily accessible. The terms of service on many websites generally make user comments and content publicly available. Although these searches are more commonly associated with employment candidates or personal injury litigants, their significance for students is apparent: nothing shared or done on the Internet is truly private.
Key Takeaways
- Students maintain their constitutional rights to free speech or expression, both inside and outside of school premises.
- School authorities may restrict student expression if it is likely to significantly disrupt school functions or discipline.
- Educators have the right to oversee and control school-sponsored expressive activities, such as publications or performances.
- Public school officials can take measures to protect students from speech that could be perceived as promoting illegal drug use.
- Disciplinary actions can be taken against a student for activities off school grounds when such actions are likely to cause significant disruption within the school environment, especially if it is predictable that the off-campus expression might reach the campus.
- In classrooms, "plainly offensive" speech, which includes lewd or indecent content, can be regulated by the school.
- The impact of off-campus student speech on the school environment varies based on factors like language used, accuracy of the communication, and whether the student holds a leadership role within student government.
- Engagement in extracurricular activities is considered a privilege, not a right.
- Electronic communications (such as texts, tweets, or emails) and digital creations (like MySpace profiles) can be easily shared beyond their initial audience, reaching unintended individuals or school officials.
- Any electronic communication associated with school (pertaining to students, staff, or activities) is likely to eventually be seen on campus.
- Students should assume no significant practical or legal distinction between on-campus and off-campus electronic communications.
- The definition of "substantial disruption within the school environment" is situation-dependent. Almost any change to the daily routine caused by student communication may be deemed sufficient disruption to justify discipline.
Off-campus electronic communication that references or relates to students, teachers, administrators, or school events carries the potential for student disciplinary action. Currently, the indeterminate state of the law provides school administrators with considerable discretion in determining when a student's communication can be expected to cause foreseeable disruption to school activities. The exclusion from extracurricular activities is now widely accepted by courts as a valid form of punishment. In the future, other disciplinary measures may also be endorsed. As such, awareness and caution are prudent for students navigating electronic communications.
Contact Us
If you have any questions regarding student discipline for off-campus speech in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
