In order to find this case on Findlaw, just search for it using "J.S. vs...." You can then create a free account. The link to the specific case is: http://caselaw.lp.findlaw.com/data2/pennsylvaniastatecases/supreme/j-111-2001mo.pdf.
This case deals with a middle school student who created a Website with defamatory statements about one of his teachers and his school principle. The site, “Teacher Sux,” was created on his home computer but was accessed at school. When it was discovered, it created a stir at school and the teacher he had mentioned, Ms. Fulmer, suffered from stress-related illnesses. The following summer, the school board expelled the student from school for the Website. The student’s parents sued the school board for their decision. The case made it to the Pennsylvania Supreme Court, which ruled that the Website did in fact cause “a material and substantial disruption of the school environment,” making it not protected under the 1st amendment (even though the speech did not constitute a “true threat”). Because the Website affected the school environment, it did not matter that the student had created it at home.
I am interested in how this precedent-setting case affects students’ postings on social networking sites of today, like Facebook.com and MySpace.com. Although these are log-in only websites, any one may gain access to them and may do so in a school environment. I wonder then if a student has been expelled for comments made on one of these social networking sites. This case brings to the forefront the issues of privacy and rights when it comes to personal postings on the internet, something that is all the more prevalent with the ubiquity of social networking sites in young people. The case illustrates the unique circumstances of a school environment and shows that the 1st amendment is limited in that space (going all the way back to the "Tinker" case which can also be found on FindLaw). What students put on their Facebook profiles or their friend’s wall can affect their standing at their university if it causes a “material and substantial disruption of the school environment” or portrays the student doing illegal activities. These Websites offer students a unique opportunity for self-expression and identity formation, but there is also the danger in the lack of privacy of internet postings.
After doing some research online, I found a case where students were suspended from school for writing offensive and vulgar comments about their teacher on each other's facebook.com walls. The school used the "material and substantial disruption" clause to justify why the students were suspended. Apparently, the comments, though posted on Facebook.com from home, caused a disruption in school. The article can be found at: http://www.fox21.com/Global/story.asp?S=6195724&nav=2KPp.
Call#: Van Pelt Library HM851 .A63 2005
This book is a sweeping look at the Internet and how it has changed the way that we view the world (a common cliché in Internet scholarship). Where I did find this book interesting though was in its discussion of privacy and the Internet. Also the witty tone of the book (one chapter is entitled “Saddam, O.J., and the Unabomber” and is about the Internet and pop culture) makes it an easy book to get into. The later chapters (starting with Ch. 12) discuss the trade-off between technology/access and privacy. Many people, especially in the older generations who have not grown up with the Internet, still think of the Internet in terms of the “Big Brother” metaphor. There is definitely a trade-off and some of the “Big Brother”-ness of the Internet (and social networks where often very personal information is revealed) is often inevitable. Something this book does not directly discuss is how generational this discomfort is. Younger generations who have grown up with the Internet, instant messenger, and online social networks are far more comfortable with a lack of privacy than older generations.
There is also another type of privacy that deals with the Internet: the privacy of being anonymous and creating an identity online. Chapter 13, “Nobody Knows You’re a Dog (or do they? Privacy issues and the Internet)" uses the image of the dog in front of the computer from the New Yorker cartoon to question how anonymity and privacy have changed. The author argues that maybe it used to be the case that “nobody knows you’re a dog” but now, they not only know you’re a dog, but they also know your favorite food and where you went walking yesterday. Applying the author’s point to social networks, it’s interesting that there is discomfort with a loss of privacy when in many cases, information is provided voluntarily. Of course, when it is appropriated for other uses, discomfort can ensue, but I think that (in many cases at least) with so much of one’s identity based on the Internet, it creates a double edged sword: you have to divulge information in order to create an online persona, but that also makes you vulnerable. I know that I am uncomfortable when Google puts up advertisements that correspond to my Gmail messages; and yet I still love my Gmail. In addition, Facebook.com has many privacy controls and options, but people were still livid when it added the “Live Feed” function. Of course, you could go to options and turn it off, but there erupted multiple groups on the site that were angry at this invasion of privacy. This book, especially the sections on privacy, were interesting in that they opened up more questions about how social networks interact with our lives both on and offline and how privacy or lack thereof can be a motivator for how identity is presented.
Call#: Van Pelt Library HQ798 .G525 2005
Beyond this though, another major function of social networks is to “quantify, measure, and verify one’s popularity with one’s peers” (214). That one is the most problematic to me, as networks become popularity and attractiveness contests – this is definitely seen on facebook.com and MySpace.com. One of the most popular features of these two social networking sites is the ability to upload and tag pictures. In that way, not only can young girls choose pictures that frame their identity in a certain way, but it is also a way to show off what one did the previous weekend and who one’s friends are. Clark discusses the fragility of this age, but does not directly address the physicality that is brought to the forefront in many social networks. However, she does discuss the important element of “control over one’s environment” (216) which expresses itself in the formation of identity and the presentation of an edited/deliberate version of the self. As a side note, there are some other interesting essays in this collection (there are 11 total in this volume) which deal with the gendered nature of Internet interactions and how teenagers take part in fan culture.


