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    Lynn Saternow
June 5, 2010

Internet postings creating major challenges for courts

By Lynn Saternow -----

---- — When Al Gore invented the Internet (yeah, right), it became a wonderful information tool. But unfortunately, you have to accept the bad with the good.

One of the major problems was that the laws governing what’s said through cyberspace aren’t clearly laid out. Therefore, when the case involving Hickory High students writing disparaging things about school official Eric Trosch went to the courts, I knew it could eventually be a subject that could go all the way to the U.S. Supreme Court.

The case is being considered by the U.S. appeals court. There is a lot to consider.

Can what happens outside of school be considered for punishment in school? The lower courts have ruled differently in various cases.

In the Hickory case, the court ruled that the constitutional rights of Justin Layshock had been violated when he was punished by the school. His parents  claimed that it is their right to punish their son, not the school’s. Officials argued that it had caused a disruption in the school.

Let’s face it. Even smart kids sometimes do dumb things. That’s part of being a kid. And Justin, who apologized to Trosch, probably wrote the least offensive of the Internet slurs compared to some others. He has gone on to an outstanding college career.

But that doesn’t take away the hurt it may have caused Eric and his family.

But while it’s a free speech issue — which of course is always a major concern for a newspaper — when does free speech become libelous in electronic communication and how many rights do schools have in controlling their students?

Prime examples would be with sports. Many coaches have rules that say if you are caught smoking or drinking, you are off the team. But if this happens while they are not in school, is that a violation of their rights to kick them off a school team? Can teachers and coaches legally control what students do out of school and off school grounds?

I have never been fond of “negative” punishments. I’m talking about detentions or suspensions. I believe in making kids write essays on why they shouldn’t have committed the wrong deeds and/or some kind of community service, whether in the school or outside.

I believe in making bad deeds a learning experience for students. In this cause, meeting with students and individual groups and talking about the harm this kind of action causes should be discussed. Ask each student, “How would you feel if this were written about your mother or father?” Bring student council into play when dishing out punishments.

Students everywhere need to know the harm of cyber-bullying as well. There have been cases of suicide because of it and lawsuits that followed.

It will be interesting to see how the U.S. appeals court rules on the Layshock case. It will be even more interesting to follow if it eventually goes to the U.S. Supreme Court.

Final court decisions will go along way to setting rules on school discipline in future cases involving use of the Internet.



The Herald’s Lynn Saternow writes this column each Saturday for the Opinion Page.

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