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:
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.
- 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