By Mike Hiestand
Ryan Dwyer attended eighth grade at Maple Place School in Oceanport, New Jersey. Dwyer and some of his classmates – like students always do – had some beefs about their school. But unlike students from generations before, Dwyer was raised with computers and the Internet. It was only natural, therefore, that he do what anyone does these days when they have a message to share: he created a website.
Dwyer’s “Anti-Maple Place” website served as a forum for students to freely criticize school officials because, as the website said, “their school isn’t what it’s cracked up to be.”
Dwyer created his website at home after school. He used his own computer and a private Internet account. He claims he did not view his website at school.
Dwyer admits that some of the posts that classmates made to the site were “crude, sophomoric and offensive.” Users, however, abided by the warning Dwyer posted on the website not to use profanity and not to threaten “any teacher or person EVER.”
The website did, however, contain one allegedly anti-Semitic posting and one vague statement that school officials later claimed was a threat: “We’ll get [Maple Place School] on the last day of school.” The anonymous author of that post later stated that it was a joke.
Administrators at Oceanport School District were not amused, and when they discovered the site they suspended Dwyer from school for one week, removed him from the school baseball team for one month and barred him from the end-of-the-year class trip.
After school officials refused to back down, Dwyer and his parents sued.
Fortunately for Dwyer, there are a growing number of court decisions that he can point to that, if followed in this case, should make this a pretty easy win for him. School officials, these courts have said, do not have unlimited authority over their students 24 hours a day, 7 days a week. Students, like all citizens, have the right to express themselves free from government interference – especially outside of school – as long as they do so lawfully. Unfortunately, in the meantime, Dwyer has paid a high price for his speech and he and his parents have been forced to join a growing number of students made to endure the headaches and hassle of a legal battle.
The Internet is here to stay. And so is the tradition of students criticizing or poking fun at their school. Unfortunately, until more school officials “get” the message that the law generally forbids them from interfering with their students’ off-campus, private speech, it’s all but certain that there will be more Ryan Dwyers to follow.
While the law offers substantial protection, there are limits. Students wanting to publish off-campus, private websites, discussion boards or blogs do themselves a favor by keeping the following tips in mind:
1. Steer Clear of School. The more contact you have with the school, the more likely a court will find that school officials have some authority to control or punish you for your actions. To be independent, you should act independently. If you are creating a website, do it at home, on your own computer, on your own time, using your own Internet service. Do not use the school’s equipment or resources. Likewise, do not encourage students to look up your website while they are at school. Tell them to wait until they get home.
2. Proclaim Your Independence. It is strongly suggested that independent student websites include a prominent statement, or disclaimer, that the school is not involved with the site. (For example, “The eVoice is an independent student website written and published privately by students attending Central High School. The eVoice uses no school funds or other resources and all work occurs outside of school. The information and views expressed on the website are those of the author and not necessarily Central High School or its employees.”) Similarly, the name and look of your website should stay away from anything that could reasonably confuse readers that it is officially affiliated with the school. For example, it is best to avoid publishing an official school logo or mascot as a mainstay on your homepage or calling your website by a name that is similar to an official school website or publication.
3. Violence is No Joke. Following a number of highly publicized school shootings and other violent incidents, school officials are extremely jumpy when it comes to threats to teachers, students or administrators posted on students’ personal websites, even if the “threats” are remote or never intended to be taken seriously. Students across the country – with no evil intentions – have found themselves in hot water for writing poetry, creating artwork or even posting jokes with a violent or threatening theme. While such overreaction is unfortunate – and in many cases illegal – student publishers are cautioned to exercise caution and sensitivity when covering violent topics.
4. Know Your Boundaries. Even if your school cannot legally regulate or punish you, you are still bound by the same laws of privacy, libel, obscenity and copyright that govern every publisher. If you are going to exercise your free speech rights, take the time to understand the responsibilities that go along with such rights. Don’t give school officials or others an easy excuse for pulling the plug on your site.
5. The Best Defense is a Good Offense. As with traditional print publications, being able to stand – publicly and proudly – to defend a well-reported, well-written, fair and balanced Web story or a carefully crafted editorial is always the single best defense to censorship. Practice sound journalism. In most cases, that means avoiding gratuitous profanity or sexually graphic content, name-calling, rumor mongering and other cheap shots. Always strive for the high road.
More information and help for independent online publishers is available in the SPLC Guide to Off-Campus Student s, available at www.splc.org/legalresearch.asp?id=13.