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I follow these cases quite closely. I am quite sure that the logic that was presented in the Layshock case will end up controlling. But in these cases, the courts were not actually disagreeing on the legal standard. Where they disagreed was on the application of the agreed upon standard to the fact situation. Layshock got it right; J.S. got it wrong. And the standard is something the ACLU disagrees with. So to try to make this more understandable: The ACLU argues that school officials have not authority to respond to any off-campus speech. No court has held this to be the standard. The courts universally have held that school officials can respond to off-campus speech if that speech has - or there are particularized reasons to believe that it could - cause a substantial disruption at school or interference with the rights of students to be secure. The place where these two different panels in the 3rd circuit courts differed was on the application of this standard to the fact situation. In neither case was there a substantial disruption at school - or good reasons to predict that there would be. Making a principal angry and causing that principal to have to take time to resolve an issue does not count. The disruption must be of the school, thus impacting students or impacting the students themselves, and it needs to be significant. Not just offense taken at something published online. In addition to my new book - Cyber-Secure Schools in a Web 2.0 World - I just also published resource materials to guide school officials in addressing this concern - Cyberbullying, Cyberthreats & Sexting. This is a 2 hour video presentation - essentially the same presentation I give in 2 or 3 hour workshops on these issues. Plus an extensive handout and some investigation and intervention protocols. The primary audience for this is principals and rest of the safe schools team. But I do strongly encourage them to add education technology professionals to this team. These safe schools folks tend to have less understanding of the technologies. Did you note the lack of understanding of this writer? "but because the middle school's computers blocked access to MySpace, it is certain that no student ever viewed the profile while he or she was at school." Certain? Hardly. But even if this had been accessed at school that would not turn this into on-campus speech. When a principal especially lacks an understanding about the technology issues - including how to file a complaint with the site to get the stuff taken down - they have a tendency to overreact and can make the situations worse - not get them resolved as rapidly as possible. So I am kind of counting on you folks to get involved and help to get the situations resolved more quickly. Your expertise is knowing how to access and preserve this material, track student access/activities in school if necessary, and especially in getting the harmful stuff taken down as rapidly as possible can be very helpful in getting the situations resolved faster and stopping the harm. I am also trying to work with the major sites to encourage them to set up better ways for school administrators to more quickly contact them to get the stuff removed rapidly. Yeah, I did finish writing a book and narrating a 2 hour video presentation last week. Next week I am cleaning house. ;) Oh, and if anyone wants to know how to take a Keynote (of Powerpoint) slides presentation and turn it into a narrated video I have this process down. Nancy -- Nancy Willard, M.S., J.D. Center for Safe and Responsible Internet Use http://csriu.org email@example.com Resources for Cyber Savvy Schools: Cyber-Secure Schools in a Web 2.0 World Cyberbullying, Cyberthreats & Sexting Cyber Savvy Teachers: Internet Safety Education --- Edtech Archives, posting guidelines and other information are at: http://www.h-net.msu.edu/~edweb Please include your name, email address, and school or professional affiliation in each posting. To unsubscribe send the following command to: LISTSERV@H-NET.MSU.EDU SIGNOFF EDTECH