1998 B.C. Intell. Prop. & Tech. F.102801
School Claims Personal Web Page Disrupted Classes; ACLU Brings Suit
Last winter, Woodland High School in Marble Hill, Missouri suspended
then-junior Brandon Beussink for ten days for criticizing the school's
teachers and administrators on his personal Internet home page created on
his family's home computer. The school then failed him for the semester
because of his absences due to the suspension. The suspension and
subsequent failure occurred despite Beussink's immediate removal of the
content in question from his home page in response to Woodland High
administrators' demands. Additionally, Buessink's former
website,
The ACLU argues that the school district's actions infringe on students'
rights to freely disseminate information. Deborah Jacobs, executive
director of the ACLU of Eastern Missouri, contends that "The Internet is
just a new avenue to get ideas out, and it distresses these school
administrators." Jacobs also posits that "What [Beussink] does on his own
time, with his own computer, and his own intellect, is not something the
school can punish him for."
Defending its actions, the high school stated that the home page in
question, on account that it linked to Woodland High's official web site,
was disruptive. Specifically, as noted in the complaint
filed by the ACLU, Woodland High Principal Yancy Poorman filled out a
discipline notice to this effect. The discipline notice indicates that
Beussink's actions outside of class, i.e. creating the home
page, were the cause of the alleged disruption that led to
Beussink's suspension. This notice states that Brandon
Beussink "Linked to school site thru www.class.net (sic)
Restructured home page with profanity, inappropriate
comments and slanderous remarks Personal offenses to Myself
(sic) and Mrs. Farrell (open disrespect) Third abuse of
computer usage (Bristow, Library - home) This page was
viewed by students in class"
Based on the contents of this discipline notice, and
Beussink's subsequent suspension,
the school district is apparently arguing that the link between
Beussink's home page and the school's web site is the
source of the "in school" disruption. Seemingly, the
school is claiming that out of school activities
connected to the school via an Internet link is
sufficient to warrant intervention by the school as if
the activities occurred on the grounds of the school
itself. If the court agrees with this reasoning, it
could, in fact, constitute grounds for school intervention.
In previous cases, the United States Supreme Court has held
that protests that disrupt class work may be prohibited and
schools can regulate the substance of student newspapers if
they are set up as part of the curriculum. On the other hand, to the
detriment of the school's argument, factual distinctions between these
decisions and the present case provide potential for the courts to
differentiate between the methods of dissemination, namely protest or a
student newspaper as opposed to a personal web page.
However, the school district claims there were additional reasons for
Beussink's suspension. Counsel for the school district, Kenneth McManaman,
sent a letter to the Missouri ACLU director Denise Lieberman prior to the
suit's filing, explaining the school's action and citing several other
incidents, which the school claims prompted Beussink's suspension. One such
incident involves an accusation by Woodland High that Beussink placed an
obscenity on a school computer screen saver the previous October, and that
he distracted students during class.
According to the Woodland R - IV School District's Computer/Internet
Agreement, students who "obtain, (sic) inappropriate material on the
computer system" and fail immediately to notify an instructor and close the
file may be denied access to the computers or be subject to "serious
disciplinary and/or financial consequences, including in the worst case,
criminal legal action."
Aside from these allegations, the school may have difficulty substantiating
action against a student for activities beyond the confines of the school.
A pivotal issue for the court to decide is whether an Internet link between
an outside home page and the school's page creates grounds for school
intervention based on the limited privileges granted to schools to regulate
student speech within the school. At least in one related case, the ACLU
has claimed victory short of a judicial decision. In April, Sean O'Brien, a
student of Westlake High School in Cleveland, Ohio, obtained a settlement
of $30,000 after suing his school district for suspending him for insulting
a teacher on the Internet.
In Beussink's case, however, the ultimate goal may be more than just a
monetary settlement. According to the complaint filed by
the ACLU, Beussink risks not graduating
on time next June due to credits lost because of the
suspension, even though he passed all of his exams.
RELATED LINKS:
BEUSSINK V. WOODLAND R-IV SCHOOL DISTRICT (Complaint)
ACLU Press Release
Woodland R-IV School District Web Site