Title of Case: J.S. v.

Bethlehem Area School District (2002)

Question: Can school officials punish students for derogatory or threatening online comments
about school personnel if done outside of school and on personal property?
Summary of Facts

A middle school boy in Pennsylvania created a web site at home on a personal computer
that contained derogatory language about his middle school math teacher and school
principal.
The site contained a picture of the teachers head dripping with blood and contained
language offering money to find a hit man to kill the teacher amongst other things.
The teacher claimed to have suffered significant distress because of the web site.
The district contacted local authorities the Federal Bureau of Investigation when they
were notified of the site. Both conducted investigations but declined to press charges.
The school then notified the student that he would be suspended for 3 days.
After a hearing on the suspension, the district decided to lengthen the suspension to 10
days and later brought expulsion hearings against the student.
The school board then voted to permanently expel him. The board concluded that the
student violated the Student Code of Conduct by making threatening comments and being
disrespectful to the teacher and principal.
The students legal counsel appealed the districts decision to the Northampton County
Court in Pennsylvania. The legal team argued that the site was not meant to truly
threaten anyone and was a poor attempt at humor. They also argued that the expulsion
was in violation of the students First Amendment rights.
In 1999, the judge of the Northampton County Court ruled in favor of the school district.
He claimed that the site was threatening and did not meet the requirements of protected
speech.
In 2002, the boys counsel appealed the ruling to the decision to the Commonwealth
Court of Pennsylvania where a 3-person panel upheld the previous decision by a vote of
2-1.
Later in 2002, the Supreme Court of Pennsylvania issued a decision on the case. By a
vote of 6-0, the decision favoring the school district right to expel was upheld.

Implications for School Administrators

Technology presents many unique challenges when considering First Amendment Rights.
Schools can discipline students for online comments made off-campus if it can be proven
that a substantial disruption to school instruction and school environment as occurred.
While the Pennsylvania Supreme Court believed the comments did not present a true
threat, it felt that it had a negative impact on the school community.