You and the Internet

Is the Internet Protected by the First Amendment?

09.24.07 | No Comments

In 1997, the United States Supreme Court stated that the Internet is protected by the First Amendment to the Constitution.* This does not mean, however, that anything goes - that you can say anything you like about anyone without consequences. The First Amendment provides protection for speech that is reasonable - for example, you can’t stand up in a crowded theater and as a joke, yell “fire!”

The leading case governing student free speech is the 1969 Tinker** decision. The Supreme Court ruled that student speech is protected as long as it doesn’t disrupt the school environment or violate the rights of another person. The Tinker test has been applied to most of the cases discussed in this section - You and the Internet. What you do online, whether by email, in a blog or otherwise may be censored and consequences imposed if inappropriate under the Tinker ruling.   

* Reno v. ACLU, 521 U.S. 844 (1997).

**Tinker v. Des Moines Independent Communty School District, 393 U.S. 503 (1969).                                                                                              


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