jsvbethlehem

**J.S. v. Bethlehem**
(PA SJC, 2002)

__Facts:__

The Pennsylvania Supreme Court upheld the (D)Bethlehem Area School District’s expulsion of a (P)student for creating a website containing derogatory comments about a math teacher and the principal. The case involves a web site created by an eighth grader, much of which was devoted to ridiculing a math teacher, comparing her to Adolph Hitler and making fun of her appearance. The school expelled him from the District and the Pennsylvania Court of Appeals upheld the punishment. The Pennsylvania Supreme Court considered first, whether the student’s speech constituted a true threat, and second, whether the school had jurisdiction under First Amendment jurisprudence for student speech.

__Issues/Answers:__ Can school administrators punish students for the content of Web Communications created off campus in the confines of students’ own homes? Yes.

__Basis/Rationale:__ Legal Basis – U.S. Supreme Court Precedents. (In //Tinker//, the Court determined that school officials could not censor student speech unless they could reasonably forecast that the speech would create a material interference or substantial disruption of school activities or invade the rights of other. In //Fraser//, the Court ruled that school officials could punish a student for giving a lewd speech before a student assembly. The Court determined that school officials could appropriately punish student speech that is plainly offensive and vulgar.) Ratonale – Students can be disciplined for conduct occurring off of school premises where it is established that the conduct materially and substantially interferes with the educational process.