LEP: PART 3 – CASE LAW REVIEW 2
Analyzes Case Law
In today's digital age, the appropriate use of electronics in schools has become a complex
and evolving issue. While electronic devices have transformed education, providing new avenues
for learning and collaboration, schools face the challenge of balancing student privacy rights,
ethics, and free speech designations with their duty to maintain a safe and supportive learning
environment. School policies and practices must evolve alongside technological advancements.
This case law review examines four significant court cases that directly relate to the topic of
appropriate use of electronics in schools. This review will demonstrate the importance of striking
a balance between students' constitutional rights and the school's duty to maintain a safe
educational environment.
Kowalski v. Berkeley County Schools (2011)
In this case, a former middle school student alleged that her First Amendment right to
free speech was violated when the school punished her for creating a fake Myspace page of her
principal that contained derogatory comments. The ruling found that the student's off-campus
conduct could be regulated by the school if it caused a substantial disruption on campus. This
case illustrates the importance of having clear school policies that detail how off-campus
electronic conduct impacts the school environment.
J.S. v. Blue Mountain School District (2011)
In this case, two high school students created a fake profile of their principal on
MySpace that contained vulgarities and implied he was a pedophile. The school district
suspended the students for 10 days, but this decision was overturned by the US Court of Appeals
for the Third Circuit who ruled that the school administrators had no authority to punish the
LEP: PART 3 – CASE LAW REVIEW 3
students for speech conducted off-campus. This case highlights the need for school policies that
clearly distinguish the limits of a school's authority when regulating off-campus speech.
United States v. Nosal (2012)
In this case, a former employee of a recruiting firm was convicted of violating the
Computer Fraud and Abuse Act (CFAA) for using a coworker's login credentials to access a
database without authorization, supposedly to start a competing firm. The court ruled that Nosal's
conduct violated the CFAA, but narrowed the law's scope by establishing that it only applied to
hacking as a means to obtain information, not misuse information obtained through authorized
means. This case illustrates the need for schools to develop policies regarding the use of
electronic devices and handling confidential information.
Wynar v. Douglas County School District (2015)
In this case, a high school student was suspended for tweeting out a photo of her teacher's
underwear that was visible above her pants. The ruling upheld the school's decision, noting that
schools have a legitimate interest in maintaining order and discipline, and that the tweet created a
substantial disruption in the classroom and caused the teacher significant humiliation. The case
highlights the importance of schools having policies that regulate the use of electronics to ensure
a safe learning environment.
Analyzes Self as Spokesperson
As a spokesperson, my goal is to ensure that the school's policies and practices regarding
appropriate use of electronics are consistent with legal precedents and reflect the needs of the
school community. I believe that students have the right to express themselves freely but must do
so within the scope of their constitutional rights and the school's guidelines. Therefore, I would
work to ensure that school policies clearly define the limits of free speech within the school
LEP: PART 3 – CASE LAW REVIEW 4
environment, including the use of electronic devices, and promote a culture of responsible digital
citizenship.
My focus will be to create policies that balance student privacy rights with the school's
legitimate interest in maintaining order and discipline. Additionally, I strongly advocate for the
need for schools to educate students and families on the potential consequences of inappropriate
use of electronics. To do this, I will seek to engage with students and families through open
communication that encourages active listening, supports their ideas and concerns, and fosters a
sense of inclusivity and belonging.
In summary, I strongly believe that all school stakeholders should have the opportunity to
participate in devising policies that respect the constitutional rights of students and promote
responsible digital citizenship. As a spokesperson and advocate, I am committed to ensuring that
such policies align with legal precedent and effectively address the specific needs of our school's
community.
LEP: PART 3 – CASE LAW REVIEW 5
References
Hlr. (2023). United States v. Nosal (Nosal II). Harvard Law Review.
https://harvardlawreview.org/print/vol-130/united-states-v-nosal-nosal-ii/
J.S. v. Blue Mtn. sch. Dist., no. 08-4138 (3d Cir. 2011). Justia Law. (n.d.-a).
https://law.justia.com/cases/federal/appellate-courts/ca3/08-4138/084138p1-2011-06-
13.html
Kowalski v. Berkeley County Schools. CRIN. (n.d.).
https://archive.crin.org/en/library/legal-database/kowalski-v-berkeley-county-schools.html
Wynar v. Douglas Cnty. sch. Dist., no. 11-17127 (9th cir. 2013). Justia Law. (n.d.).
https://law.justia.com/cases/federal/appellate-courts/ca9/11-17127/11-17127-2013-08-29.html
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