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Third Circuit: Students' Off-Campus Use of MySpace Not Punishable
In a pair of cutting-edge First Amendment cases, the Third U.S. Circuit Court of Appeals has ruled that school officials cannot discipline students for ridiculing their principals on MySpace during their hours away from school.
The court's 14 judges sat en banc to rehear two cases. In the first, J.S. v. Blue Mountain School District, No. 08-4138, the judges were sharply split, voting 8-6 to overturn a 10-day suspension of a student who posted a fake profile on MySpace that portrayed the principal as a pedophile and a sex addict. (We covered the original hearing in last July's issue: “Third Circuit Mulls Student Suspensions for MySpace Postings,” www.ljnonline.com/issues/ljn_internet law/8_7/news/153962-1.html.)
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