beussinkvwoodland

**Beussink**

 * (E.D. Mo F. Supp., 1998)**

D (school officials) suspended a student for 10 days because of negative content on his personal Web site. P (student) sues school district claiming his suspension violated his Fist Amendment rights.
 * __Facts:__**

Can school officials punish a student because they dislike the contents of his personal Web page that he created off school grounds? (No)
 * __Issues/Answer:__**

Legal Basis- U.S. Const. First Amendment and precedent (Tinker) Rationale- The information on the student’s Web page did not cause a substantive disruption at school. Also, this type of “provocative and challenging” speech is exactly the type of “non-conforming” speech that requires the protections of the First Amendment.
 * __Basis/Rationale:__**


 * __Notes:__**
 * Brandon Beussink, a junior at Woodland High School created a personal Web page where he criticizes teachers and administrators. On the page is a hyper-link to the school’s homepage and he invites readers to comment.
 * Fellow student shows a teacher in school trying to get Brandon in trouble.
 * Teacher shows principal who suspends the student for 5 days.
 * At end of 5 days, he adds 5 more.
 * Upon Brandon’s return, he learns that he had been absent for a total of 18.5 days (The 10 plus 8.5 from before)
 * The school’s absentee policy states that if a student is out more than 15 days, their grades drop 8.5 grade levels.
 * He was already flunking two classes, now with the policy enforced; he flunked all six courses he was taking.
 * Brandon sues school district claiming his suspension violates his First Amendment rights.
 * Court rules in his favor. Suspension is lifted and wiped from his file. He is also allowed to continue Web page.