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Student's Internet Speech and School's Discipline
Public Land Law Review
Abbr :
KPLLR
2009, 45(), pp.533-558
Publisher : Korean Public Land Law Association
Research Area : Law
2009, 45(), pp.533-558
Publisher : Korean Public Land Law Association
Research Area : Law
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This is a study on restriction of student's Internet speech and school's disciplinary punishment. First of all, this research describes the traditional theory on restriction of student's freedom of speech in pre-Internet context(Chapter Ⅱ). Second, Chapter Ⅲ surveys a discussion of U.S.A. that school could impose disciplinary punishment on student who creates a web site and speaks in the web site. Chapter Ⅳ examines this issue that school could punish student who creates a web site and speaks in the web site in Korea. Finally, Chapter Ⅳ summarizes results of this research. The article concludes (1) that school could impose disciplinary punishment on student who creates a web site and speaks in on-campus under Tinker test, and (2) that there are a few circumstances in which school is ever justified, in light of freedom of speech concerns, for imposing disciplinary punishment on student for their off-campus speech. It is when (ⅰ) student deliberately brings their speech on campus-when they download their personal web sites on school computers during school hours or encourage other students to do so-that schools may properly redress and punish the speech, and (ⅱ) student speech is subject to Tinker's substantial and material interference test, and (ⅲ) school shows that its interest in maintaining order and discipline on school grounds outweighs the protection of students' constitutional rights.
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