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76 U. Cin. L. Rev. 707 (2007-2008)
Public Schools vs. Myspace &(and) Facebook: The Newest Challenge to Student Speech Rights

handle is hein.journals/ucinlr76 and id is 715 raw text is: PUBLIC SCHOOLS VS. MYSPACE & FACEBOOK: THE NEWEST CHALLENGE TO STUDENT SPEECH RIGHTS Kara D. Williams* I. INTRODUCTION In 2006, Jessica Schoch was effectively expelled from a middle school in Springfield, Ohio for an Internet posting she made on MySpace, a social networking site popular among teenagers.' Jessica had created a parody profile of the school's assistant principal, and when the profile was discovered by school administrators, Jessica was removed from her classes and extracurricular activities and was banned from school grounds.2 Jessica's parents appealed the school's decision to the Springfield School Board. The American Civil Liberties Union (ACLU) represented Jessica before the Board and argued that expulsion violated her First Amendment right to freedom of speech.4 The Board agreed and reinstated Jessica.5 Jessica's situation is not uncommon. In Colorado, Littleton High School suspended Bryan Lopez for fifteen days for posting on MySpace disparaging comments regarding the school's condition and the faculty's alleged bias. The ACLU intervened, reaching an agreement with the school to reinstate Bryan six days into his suspension.7 And in California, the Newport-Mesa Unified School District suspended twenty middle school students for viewing a MySpace posting containing threats against another student.8 These students served their suspensions.9 Such occurrences are likely to become increasingly common as social * Associate Member, 2006-2007 University of Cincinnati Law Review. 1. Press Release, ACLU of Ohio, ACLU Successfully Defends Student's Free Speech (Apr. 27, 2006), available at http://www.acluohio.org/pressreleases/2006-press-releases/2006.04.27.asp. 2. Press Release, ACLU of Ohio, ACLU Defends Student Against MySpace Expulsion (Apr. 25, 2006), available at http://www.acluohio.org/pressreleases/2006-press-releases/2006.04.25.asp. 3. Id. 4. ACLU of Ohio, supra note 1. 5. Id. 6. Kelli Kennedy, Legal Questions Rise As Schools Punish Students for Using MySpace, LAW.COM, Apr. 23, 2006, http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=l 145964626620. 7. Id. 8. Id. 9. Id.

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