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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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September 24, 2007
Judge Tom
You and the Internet
2

Can you be suspended for Internet speech and expression?

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Computer Drawing

Aaron* was in the 8th grade at Weedsport Middle School in New York.  He designed an AOL Instant Message icon on his parent’s home computer.  It depicted a hand-drawn pistol shooting at a person’s head.  Underneath was the statement “Kill Mr. VanderMolen,” Aaron’s English teacher.

Aaron was suspended for five days which was approved by the court.  The school’s discipline was determined appropriate since the icon caused some disruption at school and presented a foreseeable risk of harm.  In today’s zero-tolerance atmosphere  at school and in the workplace regarding weapons and threats of violence, it’s crucial to think twice before writing something online that’s questionable or has the potential to do harm to another.  It may be a good idea to run your creative piece by a parent or an adult you trust before sending it out.  Remember www not only stands for the World Wide Web but also the  “Whole World is Watching.”

Internet speech is a new and developing area of the law. Courts are catching up with technology and sometimes reaching conflicting decisions on these issues. Find out more about free speech rights online.

Photo by Tim Morgan

*Wisniewski v. Weedsport Central School District, 2007 WL 1932264 (2007).

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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2 Comments

  • Emily
    February 5, 2015 12:53 pm count( 0 )

    how much trouble can somebody get into for posting a pic of somebody saying “I could f****** kill her” for one day and then deleting it and turning themselves into their Vice Principal?
    Dear Emily: That depends on the Code of Conduct at the school. School’s have the right to discipline students and that includes their behavior online if it disrupts the school in any way. Take a look at your Student Handbook for the rules and consequences regarding online activities that affect classmates and teachers. Good luck.
    (This is information only – not legal advice).

  • me
    November 9, 2009 4:40 pm count( 1 )

    That’s a death threat, so ya, that was totally reasonable