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4 UCLA J.L. & Tech. [1] (2000)

handle is hein.journals/ujlt4 and id is 1 raw text is: 





      CENSORSHIP OF STUDENT EXPRESSION ON THE


           INTERNET AND THE FIRST AMENDMENT



                                  Rhoda J. Yen



I. INTRODUCTION

       [1]As the number of children and young adults who use the Internet increases, more web

sites authored by students will populate the World Wide Web. Current estimates suggest that one

third of all personal web pages are posted by students, many of whom are minors.L- The

increasing number of students who create and access web pages gives rise to some difficult free

speech issues. This paper addresses one such issue: May a school censor web pages created by

its students? If so, under what circumstances?

       [2]Although courts have yet to decide a case involving censorship of a student's web

page, the history of free speech in the classroom is instructive. Moreover, examination of the

problem from a free speech perspective is appropriate: If the First Amendment were to apply

differently to the Internet than to other media, its significance as a source of protection for

individual rights would be undermined. Accordingly, this paper applies traditional First

Amendment  principles in the analysis of such cases. As an introduction, Part II presents

examples of current cases addressing the issue of the censorship of student web sites by schools.

       [3]Part III presents a property-rights approach to censoring web sites. In particular, web

sites created on private servers using privately-owned equipment should be afforded greater

protection from censorship than sites created on school-owned servers. School servers should be

considered limited public forums. Thus, schools should be limited by the rules applicable to

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