al., Pew Internet and American Life: Teens and Mobile Phones 59 (2010) (stating that 73 percent of III. teenagers use a social networking site). *** The line between and “on-campus” “off-campus” speech is not as clear as it once was. Today, students I respectfully dissent from the decision that the commonly carry cell phones with internet capabilities suspension of J.S. for making false and malicious onto school grounds. Approximately 66 percent of accusations against her principal in the form of lewd students receive a cell phone before the age of 14, and offensive speech violated her First Amendment and slightly less than 75 percent of high school rights. In student free speech cases, courts must students have cell phones. Amanda Lenhart, et al., grapple with the issue of promoting freedom of Pew Internet and American Life: Teens and Mobile expression while maintaining a conducive learning Phones 9 (2010). Twenty-three percent of teenagers environment. I believe the majority has unwisely between the ages of and 17 who own cell phones tipped the balance struck by Tinker, Fraser, use them to access social networking sites like and thereby jeopardizing schools' Kuhlmeier, Morse, MySpace and Facebook. at 56. The majority ability to maintain an orderly learning environment Id. embraces a notion that student hostile and offensive while protecting teachers and school officials against online speech directed at school officials will not harmful attacks. reach the school. But with near-constant student access to social networking sites on and off campus, C.A.3 (Pa.),2011. when offensive and malicious speech is directed at J.S. ex rel. Snyder v. Blue Mountain School Dist. school officials and disseminated online to the 650 F.3d 915, 271 Ed. Law Rep. 656 student body, it is reasonable to anticipate an *952 impact on the classroom environment. I fear that our END OF DOCUMENT Court has adopted a rule that will prove untenable.
al., Pew Internet and American Life: Teens and Mobile Phones 59 (2010) (stating that 73 percent of teenagers use a social networking site). The line between “on-campus” and “off-campus” speech is not as clear as it once was. Today, students commonly carry cell phones with internet capabilities onto school grounds. Approximately 66 percent of students receive a cell phone before the age of 14, and slightly less than 75 percent of high school students have cell phones. Amanda Lenhart, et al., Pew Internet and American Life: Teens and Mobile Phones 9 (2010). Twenty-three percent of teenagers between the ages of and 17 who own cell phones use them to access social networking sites like MySpace and Facebook. Id. at 56. The majority embraces a notion that student hostile and offensive online speech directed at school officials will not reach the school. But with near-constant student access to social networking sites on and off campus, when offensive and malicious speech is directed at school officials and disseminated online to the student body, it is reasonable to anticipate an *952 impact on the classroom environment. I fear that our Court has adopted a rule that will prove untenable. III. *** I respectfully dissent from the decision that the suspension of J.S. for making false and malicious accusations against her principal in the form of lewd and offensive speech violated her First Amendment rights. In student free speech cases, courts must grapple with the issue of promoting freedom of expression while maintaining a conducive learning environment. I believe the majority has unwisely tipped the balance struck by Tinker, Fraser, Kuhlmeier, and Morse, thereby jeopardizing schools' ability to maintain an orderly learning environment while protecting teachers and school officials against harmful attacks. C.A.3 (Pa.),2011. J.S. ex rel. Snyder v. Blue Mountain School Dist. 650 F.3d 915, 271 Ed. Law Rep. 656 END OF DOCUMENT
2015-Transfer-Write-On_Final.docx