"Parody" social networking profile created by student is protected free speech

A high school student in Pennsylvania created a “parody” profile of his principal on Myspace. He used his grandmother’s computer and created the profile during non-school hours. The profile claimed that the principal used steroids, drank alcohol frequently and was a transgendered individual, among other things. The student granted access to the profile to other students in the school district and viewed the profile online on two occasions while at school.

The student was suspended and placed in the Alternative Education Program for the remainder of the school year for creating the profile. The parents sued the school district, arguing that the punishment violated the student’s First Amendment rights to free speech. The 3rd Circuit Court of Appeals agreed, holding that school authorities cannot control a child’s activities at home to the same extent that they can when the child participates at school activities. Although the profile was directed at a school official and was accessed while the student was at school, it did not create a substantial disruption at the school. The profile was protected free speech and the district could not lawfully discipline the student for creating it.

Although this case was not decided in a court with jurisdiction over Texas, it is likely that this case will be considered when deciding how to apply the law when a court faces a similar case in Texas.