Emmett v. Kent School District Number 415
In 2000, a student named Nick Emmett from Kentlake High School published a website titled "Unofficial Kentlake High Home Page." on his own private America Online account that showed students and teachers being voted on who was to die. Students in the school knew of the site and many encouraged in the participation. Many wanted to be voted as the next “victim” however staff were not amused (I thought death humor was quite popular) and demanded Emmett close the website. Many students were suspended and the ACLU took on the case. The principal had placed him on emergency expulsion for harassment, intimidation, disruption to the educational environment and copyright violations. (How?) The expulsion was later turned into a five day suspension. In retaliation, the student had sued, stating that the schools intervention ,as it should be called, was in violation of his first amendment right. District Judge John C. Coughenour began his analysis with a discussion of the Tinker case. (Using Judicial Precedent) The judge then distinguished Emmett's case from the school assembly speech at issue in Fraser and the school-sponsored speech at issue in Kuhlmeier. Emmett's website "was not produced in connection with any class or school project. Although the intended audience was undoubtedly connected to Kentlake High School, the speech was entirely outside of the school's supervision or control." Regardless of the schools tricky situation after recent school shootings at Columbine, the school failed to present evidence that the website had intent or the presence of threatening fellow students or faculty. The school district later settled the dispute by agreeing to pay one dollar (assuming this isn't a typo, that's the best dollar ever earned) and attorney fees, and remove the suspension from Emmett's record.
In conclusion, It was ruled that the school district could not punish students for their freedom of speech outside of school and was told it could do nothing about it.
In 2000, a student named Nick Emmett from Kentlake High School published a website titled "Unofficial Kentlake High Home Page." on his own private America Online account that showed students and teachers being voted on who was to die. Students in the school knew of the site and many encouraged in the participation. Many wanted to be voted as the next “victim” however staff were not amused (I thought death humor was quite popular) and demanded Emmett close the website. Many students were suspended and the ACLU took on the case. The principal had placed him on emergency expulsion for harassment, intimidation, disruption to the educational environment and copyright violations. (How?) The expulsion was later turned into a five day suspension. In retaliation, the student had sued, stating that the schools intervention ,as it should be called, was in violation of his first amendment right. District Judge John C. Coughenour began his analysis with a discussion of the Tinker case. (Using Judicial Precedent) The judge then distinguished Emmett's case from the school assembly speech at issue in Fraser and the school-sponsored speech at issue in Kuhlmeier. Emmett's website "was not produced in connection with any class or school project. Although the intended audience was undoubtedly connected to Kentlake High School, the speech was entirely outside of the school's supervision or control." Regardless of the schools tricky situation after recent school shootings at Columbine, the school failed to present evidence that the website had intent or the presence of threatening fellow students or faculty. The school district later settled the dispute by agreeing to pay one dollar (assuming this isn't a typo, that's the best dollar ever earned) and attorney fees, and remove the suspension from Emmett's record.
In conclusion, It was ruled that the school district could not punish students for their freedom of speech outside of school and was told it could do nothing about it.