abvindiana

A.B. v State of Indiana

 * Facts**
 * A.B. was sent home from Greencastle Middle School for violating the decorative piercing rule.
 * A.B. writes on a MySpace Account that included comments like: “Hey piece of Greencastle shit” and “What the fuck do you think of me now that you can’t control me”.
 * The next day she wrote: “Die Gobert Die”.
 * A.B. was taken to juvenile court under the charges of Harassment.
 * A.B. appealed to the Indiana Appellate Court and argued that her speech was protected political speech.

Are messages posted on MySPace considered Protected Political speech? yes
 * Issues/Answers**


 * Basis/Rationale**
 * Her comments were protected political speech under the 1st Amendment and the juvenile court took away her right to free speech
 * Court argued that any harm constitutes a readily threat to identifiable interests
 * “Mere annoyance is insufficient”
 * Article 1 Sect. 9 of Indiana Law protects speech, writing or printing “on any subject whatever”


 * Notes**
 * Supports arguments that comments made online are not under the jurisdiction of the school