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ACLU Responds to School Policy on Student Web Activity Outside of School

Statement of
Edwin C. Yohnka, Director of Communications
American Civil Liberties Union of Illinois
Re: New "Weblog" Policy Adopted by Libertyville-Vernon Hills School District 128
_________________________________________________________________________

We are concerned that the new policy adopted by the School District 128 permits school officials to discipline students for speech that is protected by the First Amendment. The policy as adopted states that school officials can discipline a student for "inappropriate" expression - without any definition of what would or would not fall under this vague term.

Students do not surrender their rights to speak outside of school - including on issues about their school - simply because of their participation in extracurricular activities. The lack of a specific definition means that school officials could discipline a student simply for his or her viewpoint about almost any issue. We know of no court decision that permits schools to restrain the lawful speech of its students in this manner.

Equally important is the unjustifiable chilling effect the rule has on free speech. Not having any way of knowing what is "inappropriate" would lead a prudent student to err on the side of unduly limiting their expression by avoiding any subject or opinion that might be controversial.

We believe that a mechanism already exists to instruct high school aged young people about inappropriate speech outside of school - its called "parental guidance." It is up to parents to determine what speech outside of school is appropriate or inappropriate, not school officials.

Comments

My grandson and granddaughter are Illinois high school students. Stifling free speech on student blogs is an unAmerican attack and sends a dangerous message to children affected by this action from school officials. Our children need to learn how to speak out not to be afraid.


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