By David L., Jr. Hudson
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Extra resources for Blogging (Point Counterpoint)
People naturally assume that they have some sort of basic legal right to do what they want, as long as they are off duty. This assumption is fundamentally wrong for several reasons. First, private employees—those employees who do not work for the federal, state, or local government—have no federal constitutional protections. S. Constitution protects people from invasion of their constitutional rights by the government only. This is the state action doctrine, meaning that there must be a governmental trigger to state a valid constitutional claim.
Public employers have broad latitude to discipline employees whose blogging causes negative repercussions at work. ” —Judge Andrew Kleinfeld76 I n Taft High School in Chicago, Illinois, school officials suspended three students for what school officials deemed to be threatening and offensive comments about school officials. One teacher apparently cried after reading the material on the students’ blog. Many students, however, believed that the school overreacted by punishing the students with 10-day suspensions.
Lopez’s case. “A student’s right of expression is protected by the First Amendment. School authorities have some ability to regulate students’ expressive activities on school grounds and at schoolrelated functions. ” “Mr. com on February 7,” explained Mark Silverstein, ACLU Legal Director. The message contained satirical commentary about the poor physical condition of Littleton High School, the behavior and demographics of students and staff, the perceived racial biases of teachers and administrators, and the poor quality of the resources available to students.