The First Amendment to the U.S. Constitution states, 鈥淐ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.鈥 This amendment has protected the right of young American students to express themselves throughout history, even if what they have to say is not complimentary or even popular.
However, free speech has become muddied waters since the advent of online forms of expression. A court in Pennsylvania has proven that fact with two rulings that suggest the discussion is not over in regards to off-campus speech conducted over the Internet. We鈥檒l take a look at both of these cases that have garnered much publicity in recent months, as well as the most recent rulings by the court. We鈥檒l also consider the questions that were not answered by these landmark cases that leave schools and students unsure of how to move forward in the era of online expression.
What the 3rd U.S. Court of Appeals Decided
According to a report in , the Philadelphia-based 3rd U.S. Court of Appeals heard two long-running cases this month involving the freedom of students to express their opinions online. Both of the students involved in these cases posted content on MySpace that mocked their principals. The students were both suspended by their schools for the content and