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Know your rights! Youth justice and juvenile law answers.

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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January 10, 2009
Judge Tom
News Videos, You and the Internet
3

Do you have free speech rights online?

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You know that some blogs, message boards, and chatrooms are full of negative comments and trashtalk.  If you are the victim of a blogger, can you do anything to the writer?  Or can the writer remain anonymous with no accountability to the injured person? 

Courts have been trying to balance the free speech rights of online users with the rights of victims to confront their assailants.  Court decisions in recent years have been split. 

In a Connecticut case that began in 2007, Avery Doninger, a high school junior, was disciplined for referring to school personnel as “douchebags” in her private blog.  She was disciplined and brought her fight to court.  In January, 2010, Avery Doninger’s case was argued before the Second Circuit Court of Appeals. (Circuit courts are federal courts that are one level below the U.S. Supreme Court). 

Photo by D. Sharon Pruitt

On April 25, 2011, the court ruled against Avery.  Because of the possible disruption at school that may have resulted from her blog, the school was justified in disciplining her. Avery, now a college student in Connecticut, appealed the Second Circuit’s decision to the U.S. Supreme Court. On October 31, 2011, the Supreme Court refused to hear Avery’s appeal. This leaves the Second Circuit’s decision in place.

In a more recent “douchebag” case, 15-year-old Donny Tobolski of California wrote on Facebook that his biology teacher was “a fat ass who should stop eating fast food, and is a douchebag.” The school called his comment cyberbullying and the tenth grader was suspended for one day in December, 2010.  After reviewing the case, the school district reversed itself in January, 2011, stating that Donny’s post didn’t “meet the requirement of causing a disruption to the school environment.” Once again, the 1969 Tinker standard comes into play.

In a Maryland case in 2008, a local businessman was criticized online and because it hurt his donut shop’s business, he sued for defamation. He asked the court to order the bloggers to identify themselves.  The court agreed and ordered those who posted comments on the community blog to come forward.  The group has appealed on First Amendment grounds – freedom of speech. [Independent Newspapers, Inc. v. Brodie].

Avery Doninger

In February, 2008, a California court upheld the right of Internet users to be anonymous in another defamation case.  Ten users were sued for a “scathing verbal attack” against a company and its officers.  The court decided that, although crude, the online comments were protected by the users’ free speech rights. [Krinsky v. Doe].

In Texas, a hospital sought to identify anonymous bloggers who criticized the medical center. In December, 2008, the court held that anonymous online comments are protected speech.  [In re Does 1-10].

Bottom line  –  these are uncharted waters.  Until the U.S. Supreme Court addresses these issues, you’re pretty much on your own.  To avoid defaming someone, be sure you know the facts before you comment and speak only the truth.

“Take your head around the world, see what you get from your mind, write your soul down word for word.” -Avery Doninger 

 

Check out what Avery is up to these days in the following video:

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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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3 Comments

  • Samuel
    February 11, 2013 6:49 pm count( 0 )

    This is just plain stupid.You can claim anything is cyberbullying nowadays.
    Cyberbullying is limited to harmful speech online or by cell phone. It may be classified as harassment, intimidation, stalking or threatening another depending on the specific laws of the state. Bullying is bullying regardless of the method but it’s particularly mean-spirited when done while hiding behind a computer.

  • nunyas
    January 28, 2009 4:02 pm count( 1 )

    Juan a negrete jr in allentown, pa is violating his parole by smokig weed & sniffing dope. he lives at his sister house as someone knows. report his ass to this number 610.871.3434 to Mr. Dean

    Judge Tom’s response:
    Dear writer: Thanks for contacting us about Juan. However, Askthejudge.info is a teen information web site. We are not law enforcement or or part of the judiciary of any state. Your concern about Juan’s behavior is legitimate, as he may be endangering others as well as himself. We suggest you call his probation/parole officer with this information, or report it anonymously through Silent Witness or similar program in your area. All the best.