|
Court: MySpace Postings Are
Free Speech
CHARLES WILSON
AP
Tuesday April 10, 2007
INDIANAPOLIS -- A judge violated a juvenile's free-speech rights
when he placed her on probation for posting an expletive-laden entry
on MySpace criticizing a school principal, the Indiana Court of
Appeals ruled.
The three-judge panel on Monday ordered the Putnam Circuit Court
to set aside its penalty against the girl, referred to only as A.B.
in court records.
"While we have little regard for A.B.'s use of vulgar epithets,
we conclude that her overall message constitutes political speech,"
Judge Patricia Riley wrote in the 10-page opinion.
In February 2006, Greencastle Middle School Principal Shawn Gobert
discovered a Web page on MySpace purportedly created by him. A.B.,
who did not create the page, made derogatory postings on it concerning
the school's policy on body piercings.
The state filed a delinquency petition in March alleging that A.B.'s
acts would have been harassment, identity deception and identity
theft if committed by an adult. The juvenile court dropped most
of the charges but in June found A.B. to be a delinquent child and
placed her on nine months of probation. The judge ruled the comments
were obscene.
A.B. appealed, arguing that her comments were protected political
speech under both the state and federal constitutions because they
dealt with school policy.
The Court of Appeals found that the comments were protected and
that the juvenile court had unconstitutionally restricted her right
of free expression.
There was no number for Shawn Gobert in publishing phone listings.
The Associated Press left a message seeking comment Monday at Greencastle
Middle School.
INFOWARS:
BECAUSE THERE'S A WAR ON FOR YOUR MIND
|
