November 18th, 2005 | Published in Google Blogger Buzz
In addition to their Legal Guide, the EFF has published a Guide to Student Blogging; here's a snippet:
Do I Have More Protections for a Personal Blog?
Yes. In Emmett v. Kent School District, 92 F. Supp.2d 1088 (W.D. Wash. 2000), the court held that public school officials had violated a student's First Amendment rights by punishing the student for his personal website, the "Unofficial Kentlake High Home Page." The court held that "[a]lthough the intended audience was undoubtedly connected to Kentlake High School, the speech was entirely outside of the school's supervision or control." Likewise, in Flaherty v. Keystone Oaks School Dist., 247 F.Supp.2d 698 (W.D. Pa. 2003) a federal court found a public school's policy, which prohibited "inappropriate, harassing, offensive or abusive" behavior, was unconstitutional because "the policy could be (and is) read by school officials to cover speech that occurs off school premises and that is not related to any school activity in an arbitrary manner."