Student bloggers need to know their rights

Been reprimanded for your site? Are schools allowed to punish you for what is not on there website, property and has no affiliation with the at all?

Pew Internet and American Life Project's studies tell that 38 percent of online teens read a blog and 19 percent of teens, approximately four million students, keep one. A separate Pew study said 68 percent of teenagers have used the Internet at school.

Schools usually have jurisdiction over school-hosted or school-sponsored publications, such as school newspapers or school blogs. Students have more protection and can express themselves more openly on a personal blog.

Personal blogs allow students to inform others of their opinions about fellow students, teachers and school district as a whole. Although schools do not have jurisdiction on personal blogs, schools may still challenge them.

In Emmett v. Kent School District, the court ruled that the public Kent School District's officials had violated a student's First Amendment rights by punishing the student for his personal Web site. The court held that "the speech was entirely outside of the school's supervision or control."

In Flaherty v. Keystone Oaks School District, a federal court found a public school's policy, which prohibited "inappropriate, harassing, offensive or abusive" behavior, was unconstitutional because "the policy could be read by school officials to cover speech that occurs off school premises and that is not related to any school activity in an arbitrary manner."

When schools win from suing students for what they say on the Internet, it is usually because of the Tinker Test, or "material disruption."

According to the Electronic Frontier Foundation (EFF), the "material disruption" standard says that your free-speech rights can be limited when the speech "materially disrupts classwork or involves substantial disorder or invasion of rights of others." Therefore, if you blog about how you hate a teacher, the school may claim that it is materially disrupting classwork.

If you have been punished for your personal Web site or your school has ordered students to stop blogging about school, the EFF advises that you contact them and a lawyer. The EFF says a "blanket ban" would violate your First Amendment rights.

What can you do on your personal blog? There is a lot you can do, such as write an online fiction like an anonymous person. However, it does not mean your school would be happy with it. Your First, Fourth, and Eighth amendment rights will be helpful. If you insult your school teachers and administrators, be wary of how you do it.

The common saying "think before you act" can be great advice because not only do schools visit your Web site, colleges and universities may look at it.

Here's some advice:
Do not create nor visit your site on school property, the school's Internet connection, nor during school time. Also, if you bring a copy of the site onto the school campus or event you may be permitting the school to have jurisdiction.

On your Web site, when applies, say all of the following: "This site is not affiliated with any school and/or organization." "Warning Advice: [insert Web site] is not responsible for you visiting this site. Please do not visit it at [insert your school district]. Do not permit this site to disrupt classwork and/or cause substantial disorder."