kengr

(From EFFector Online 20.15)

* A Win for Kids' Free Speech Rights

A ruling in the Indiana Court of Appeals last week gave a
middle school student her free speech rights back.

The girl, who is called "A.B." in the court record, had
posted comments on a MySpace page criticizing her school's
policy on body piercings. The post was full of expletives,
which a judge ruled ""obscene" despite the lack of any
sexual content. The girl was found to be a "delinquent
child" and was put on probation for nine months.

However, the girl appealed the ruling, arguing that her
post was protected political speech. A three-judge panel
agreed: "While we have little regard for A.B.'s use of
vulgar epithets, we conclude that her overall message
constitutes political speech." The judges threw out the
"delinquent child" finding, holding that the lower court's
conclusion "contravened her right to speak."

A lot of media coverage focuses on the perceived dangers
for kids on the Internet. But, expletives or not, this case
shows how students use the web to discuss issues of
importance to them. It's heartening that judges like these
see the importance as well.

For this post and related links:
<http://www.eff.org/deeplinks/archives/005198.php>