EdLawConnect Blog

After school officials learned about the blog post, Doninger was not allowed to run for a senior class officer position, but was permitted to retain her current position as Junior Class Secretary. She was not otherwise disciplined for her blog post.A federal district court concluded Doninger's First Amendment rights were not violated “when she was told that she could not run for class secretary because of an offensive blog entry that was clearly designed to come on to campus and influence fellow students.”  The Second Circuit, reviewing that decision on appeal, agreed with the district court that any First Amendment right allegedly violated was not clearly established, so that all of the defendants were entitled to qualified immunity from Doninger’s lawsuit. 

The law applying the First Amendment to students’ off-campus Internet activity continues to evolve unevenly.The availability to produce and transmit instant, far-reaching messages from any computer with Internet access tends to blur the distinction between on- and off-campus speech.Federal courts have reached differing conclusions related to student discipline for these activities.Many states are attempting to address these concerns through legislative action.At some point, the Supreme Court likely will review these issues as they relate to the First Amendment.However, we should not expect that ruling to be imminent or definitive.  And California law may provide greater protections to students who engage in on-line, off-campus expressive activities.We will continue to provide updates as these issues develop.