Banning Myspace

Myspace Banned at School and Home?

It's a growing trend... Myspace, the popular online hangout for teens, is being banned in schools. And some schools are limiting the use of Myspace and similar social networking sites even OFF the school campus.

There is no doubt that public and private schools are within their legal rights to block access to Myspace via school computers. They own the computers, and pay for the network access with school funds, so they can set the rules. Most, if not all schools, block access to non-educational websites on school computers, and the law is on their side.

But can schools control what students do on the Web, at home on their own time? YES, say public school administrators in New York City and numerous other places. Students who post material online that is libelous, defamatory, threatening or disparaging can face discipline such as suspension or even expulsion.

A high school student in Pennsylvania was suspended for 10 days after posting a parody profile of his principal on Myspace. A middle school girl in Ohio was expelled from school after creating lewd profiles that impersonated a teacher and principal. Other examples of students being disciplined at school for online harassment of peers and school officials abound.

"No Profile For You!"

Some private schools ban students from even HAVING an online profile, prohibiting the use of Myspace, Xanga, and LiveJournal -- even on their own computers at home. In October 2005, the principal at Pope John XXIII Regional High School in Sparta, New Jersey announced the ban on social networking, citing that Myspace and similar sites were "venues for cyber-bullying and harassment" and "an open invitation to predators." Judy Oberlander, a counselor at Ojai Valley School in California, offered a similar rationale for banning MySpace at school and home. "In addition to the danger of the imprudent things being posted by students, MySpace was taking a toll on study time and classroom engagement."

And the trend is not limited to schools -- Apple and other computer retailers are beginning to blocking access to MySpace.com in retail stores, because customers have complained that teens are monopolizing the computers to access their Myspace profiles.

Is Myspace Banning Legal?

Students in private schools who have been banned from using Myspace, even at home, may complain that their rights to free speech and expression are being infringed. But private schools have much greater latitude when it comes to controlling the extra-curricular activities of students. "The idea of a private school regulating student activity outside of school is not unheard of and there is a long tradition in it," said Kevin Bankston, an attorney for the Electronic Frontier Foundation, an online civil liberties watchdog. So even though defenders of online privacy and free speech may sympathize with the students' sentiments, it is believed that private school students have little legal ground to stand on.

But what about public schools? Are school officials within their rights to punish students for online activities on their own time and equipment? In 1969, the Supreme Court made a decision (Tinker vs. Des Moines) in favor of student's rights to self-expression, noting that "students may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views." And civil rights lawyer Elizabeth Fink agrees, saying that "What happens on the Internet at a student's home is not the Department of Education's business. Any person who believes in the Constitution would have a vast problem with this."

But there ARE laws that clearly define libel, slander and harassment. If you write or say something about someone else that's not true, impersonate another person, or encourage others to harm someone, you are breaking the law and can be sued. Some schools may be crossing or challenging legal boundaries by going after students who criticize school officials, or post negative opinions about other students. But forewarned is forearmed, so measure your words when posting on Myspace, unless you want to face the wrath of school officials. It's doubtful that most parents will want to bother with the time, trouble and expense of a legal challenge in such a grey area.

Getting Around a Ban?

It's possible to work around some website bans by using a remote login facility such as LogMeIn, GotoMyPC, Windows Remote Desktop, or virtual private networking software. These tools allow you to access your home computer over the Web, inside a browser window, just like you were sitting in front of it. (See Remote Access to Your Computer for more information on this.) But these methods can be blocked by a network administrator at your school as well, and they very well might be watching out for students who attempt to circumvent the rules in this manner.

On the flip side, there are some reasons you might want to censor yourself, or avoid Myspace altogether. Revealing photos, chronicles of drunken partying, and excessive negative or anti-social commentary on your Myspace profile may very well affect your college admissions and future job opportunities. Whatever you post on the Web is public information, and just because you remove it from your profile, that doesn't mean that it's gone forever. (See Internet History) So in the long run, maybe focusing on the readin', writin' and 'rithmatic while at school is the best and safest course of action.

Do you have comments on Myspace bans, online privacy, free speech? Post your thoughts below...