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Ryan Eashoo
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ACLU protests Grand Blanc's Internet policy
GRAND BLANC
THE FLINT JOURNAL FIRST EDITION
Thursday, November 29, 2007
By Sally York
syork@flintjournal.com • 810.766.6322
QUICK TAKE
First Amendment breach?
The Greater Flint American Civil Liberties Union has asked the Grand Blanc School District to rescind this policy, which students must agree to in order to use the Internet at school:
"Please be advised that any off-campus computer use or activity that is libelous or invades the rights of staff members and could result in tort liability, that invades the rights of or threatens the safety of staff members or Grand Blanc students; or that as a result of the contents, presents a likelihood of causing a material and substantial disruption of the proper and orderly operation of the school district, will be subject to discipline in accordance with the penalties set forth in the student handbook and/or use policy."
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GRAND BLANC - A policy that regulates students' after-school postings on the Internet has come under fire from the American Civil Liberties Union.
The rights-advocacy group has asked the district to rescind its policy or possibly face a federal lawsuit, said attorney Gregory T. Gibbs, president of the Greater Flint ACLU.
In a letter to the superintendent dated Tuesday, Gibbs said the policy - which allows the district to discipline students for posting libelous or threatening statements on the Web from their homes - violates the U.S. Constitution.
Although schools are entitled to regulate some on-campus speech, what students say on their own time is protected by the First Amendment, Gibbs said.
"Their authority is limited to what happens on campus," he said. "Once they are off campus, students have the same First Amendment rights as you or I."
Superintendent Michael Newton responded that the district's goal isn't to silence unfavorable opinions or criticism. He said officials hope to prevent harmful situations from escalating and disrupting the learning environment.
"We are certainly not interested in trampling on the First Amendment rights of our students, but we are going to protect our students and our staff," Newton said.
Newton said he is open to the idea of the district's attorney and Gibbs meeting to try to hammer out a compromise of the policy's language - as long as the rule continues to protect teachers and students.
He said he had not yet consulted with the district's attorney or Board of Education members about the letter.
The policy, approved by the Board of Education last summer, is part of an Internet-use agreement students must sign to use school computers.
The agreement states that any content created from an "off-campus computer" that threatens, libels, "presents a likelihood of causing a material and substantial disruption" or invades the rights of school staff or students is subject to discipline.
To Newton's knowledge, no student has yet been disciplined for breaching the agreement.
Grand Blanc isn't the first district to tackle this issue - many across the country are regulating offensive content and "cyberbullying" carried out by text-messaging, instant messaging and blogging.
But Gibbs said the Grand Blanc district is overstepping its bounds with its policy, and that it has a chilling effect on protected speech.
"We want to avoid a lawsuit, but if they are unwilling to rescind the policy, and if we have a plaintiff who's willing to go forward, we will file a suit in federal court and ask a judge to declare the policy unconstitutional," he said.
In response to Newton's offer, Gibbs said he's willing to meet with school representatives, "but we're not willing to compromise the First Amendment rights of the students."
Gibbs said two Grand Blanc families who called him to complain about the policy might be willing to be plaintiffs in a suit, adding that they wish to remain anonymous for now.
Lisa Basinski, 46, who has two children in Grand Blanc schools, wondered why any parent would object to the policy.
"I really can't understand why anyone wouldn't want to protect their kids from slanderous or threatening words," she said. "If it concerns a threat to a student or teacher, that's where I'd be most concerned."
Judi Cottrell, 45, the mother of two teenagers, said she sees both sides of the issue. She is protective of her kids - they can't log on to their home computer on their own, and she uses software to track their use.
One the other hand, "I understand free speech, and don't want those rights trampled," said Cottrell. "But if I had to choose one or the other, I'd have to side with the school district. We're talking about children, and children need more protection than adults do."
Grand Blanc has seen heated online conversations spark a fight the next day, and one student created a fake MySpace account using another's information, a district official has said.
"A kid doesn't have sanctuary to go to after another student or a teacher off campus," Newton said. "We have to do something about that."
Basinski questioned why the ACLU is targeting the policy.
"Don't they have more serious issues to pursue?" she asked. |
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Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com |
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Thu Nov 29, 2007 9:00 pm |
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last time here
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this may come as a surprise but i side with the school district.
aclu must be bored on this one.  |
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Thu Nov 29, 2007 10:17 pm |
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Shawn Chittle
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It's a noble cause what the Grand Blanc School administrators are trying to do, my father was one for 25 years and always looked out for kids' best interests.
But this is unconstitutional. The jurisdiction of the school ends at the driveway. If a student is harassing another student off campus, its a police matter.
A high school student that gets a DUI while on Spring Break does not also get a punishment from the school. It's a criminal matter handled by the police and the courts.
It's not a school matter unless its on school property.
I agree very much with the spirit of what they're trying to do, but it's unconstitutional. A student is a US citizen first and a student second. |
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Sat Dec 01, 2007 2:46 am |
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andi03
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Shawn,
I don't know when your dad retired but a lot happened since Columbine.
THE REVISED SCHOOL CODE (EXCERPT)
Act 451 of 1976
380.1308 Statewide school safety information policy.
(5) If provided in the statewide school safety information policy under this section, the prosecuting attorney of a county shall notify a school district located in whole or in part in that county of any criminal or juvenile court action initiated or taken against a pupil of the school district, including, but not limited to, convictions, adjudications, and dispositions. This notification shall be made to either the school district superintendent or to the intermediate superintendent of the intermediate school district in which the county is located, as provided in the policy or by local agreement. If the notification is made to the intermediate superintendent, the intermediate superintendent shall forward the information to the superintendent of the school district in which the pupil is enrolled. |
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Build a bridge and get over it! |
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Sat Dec 01, 2007 8:13 am |
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