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Why it matters:

  • Example of when a student's off-campus online speech can not be regulated.
  • Media Law issues presented: school speech, idea of symbolic expression, and true threats.
  • Social media's role in our society today, especially as journalism students.

Sources:

  • http://www.splc.org/article/2015/05/oregon-student-wins-free-speech-lawsuit-against-school-overturning-discipline-for-critical-facebook-posts

Ruling/Rationale:

  • http://legalclips.nsba.org/2015/05/13/federal-court-in-oregon-rules-students-off-campus-online-speech-could-not-be-regulated-by-school-district/
  • On April 17th, U.S. District Judge Michael Mosman ruled that Burge's comments did NOT raise a serious threat of violence.
  • Mosman said in the ruling that Burge’s only purpose in posting these comments was to elicit a response from his friends “just to see what they thought about it.”

Precedent:

  • Tinker v. Des Moines

neither “students (n)or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

  • Wynar v. Douglas County School District

Facts:

when faced with an identifiable threat of school violence, schools may take disciplinary action in response to off-campus speech that meets the requirements of Tinker.

  • Eighth-grader Braeden Burge posted a series of comments to his Facebook page after learning his health teacher, Veronica Bouck, had given him a

“C” in her class.

Facts:

  • In the posts, Burge said he wanted to “start a petition to get mrs. Bouck fired, she’s the worst teacher ever.” When a Facebook friend asked what the teacher did, Burge said, “she’s just a bitch haha” and “she needs to be shot.”
  • His mom made him take down the posts within a day.
  • BUT six weeks later, another student’s parent put a printout of the Facebook posts in the principal's school mailbox. Powell called Burge into her office and gave him three-and-a-half days of in-school suspension.

Legal Issues:

  • The student and his parents filed a lawsuit alleging that his First Amendment right to Freedom of Speech was violated by the school.
  • School Speech
  • Idea of symbolic expression - Hate speech
  • First Amendment violation freedom of speech
  • True Threat? Was the target genuinely afraid of harm?

The question here is whether the reaction of the teacher of whom the comment concerned caused a “material and substantial interference” with appropriate school discipline.

Stakeholders:

  • Plaintiff: Braeden Burge, through his guardian Kelly Burge

What Happened?

  • Defendants: Colton School District
  • Others involved: Veronica Bouck, the health teacher; U.S. District Judge Michael Mosman

In 2012, an Oregon eighth-grader was suspended for a Facebook rant after he learned his health teacher gave him a "C."

In April, however, a federal judge determined his off-campus speech was protected by the First Amendment.

Burge v. Colton School District 53

By Kylie Taylor

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