If a student creates his material at home, how can school officials possibly regulate it?
Good question. The courts are not uniform in how they analyze such cases. This question raises the threshold issue of whether the material is considered on-campus or off-campus speech. The Pennsylvania Supreme Court wrote in its 2000 ruling in J.S. v. Bethlehem Area School District: “We hold that where speech that is aimed at a specific school and/or its personnel is brought onto the school campus or accessed at school by its originator, the speech will be considered on-campus speech.” It would be difficult for school officials to justify regulating material a student creates at home and does not bring to school. However, if a student creates a Web site at home using his own computer but brings the material to school, then school officials could likely regulate it under the “substantial disruption” standard from the Supreme Court’s 1969 decision Tinker v. Des Moines Independent Community School District. This means that the material would be treated akin to an underground student newsp
Related Questions
- With School Agreements, the staff work at home rights are included on version 3.4. Is this the same with the student home use option?
- How long does a student have to be out of school before receiving Home and Hospital Teaching?
- If a student creates his material at home, how can school officials possibly regulate it?
