Analysis and Commentary on Speech and Religion
An Indiana Federal District Judge Holds That Teens Have a First Amendment Right Not to Be Punished by Their School for Posting Saucy Photos Online

Justia columnist and attorney Julie Hilden comments on a recent decision by the Chief Judge of the U.S. District Court of the Northern District of Indiana, concerning students’ First Amendment rights. The case arose after two public-high-school students were suspended based on lascivious (but not nude) photos that they had taken of each other during a series of slumber parties, and posted for their Facebook and MySpace “friends” and for password-holders on a photo website. Their school argued that the girls had violated school policy, but the judge held that they had a right to take and post the photos at home. Important in the judge’s analysis was that the girls themselves did not bring the photos to school; a parent made a copy and brought the copy in. Hilden argues that the case—while rightly decided—underlines the need for Supreme Court clarification in this muddy area of law.

Can Public School Students Constitutionally Be Punished for Their Off-Campus Comments on Social-Networking Sites or Blogs?

Justia columnist and attorney Julie Hilden comments on a case in which a young woman, Avery Doninger, sued her former high school for punishing her when she was a student there based on derogatory comments about school administrators that she posted while at home, on her home computer, after school hours, on a publicly accessible blog. Hilden notes that Doninger is now seeking Supreme Court review, based on a split among the federal circuit courts regarding cases similar to her own. Hilden explains two key Supreme Court precedents on school speech, and contends that the Court would have to truly make new First Amendment law if it were to allow schools to punish students for online comments that, like Doninger’s, were made after school hours, at home, on home computers—even if the subject of the comments relates to other students or to school administrators.

When Do Message-Board Rants Count as Illegal Threats Against a Presidential Candidate? The Issue That Caused a Ninth Circuit Panel to Split, 2-1

Justia columnist, attorney, and author Julie Hilden comments on a recent, split decision from a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. As Hilden explains, the case involved the “true threats” doctrine, which determines when a statement is an illegal threat, and when it is protected by the First Amendment. The defendant’s message-board postings about then-candidate Obama were ominous, but were they full-fledged threats under the legal test? Hilden explains why two Ninth Circuit judges said no, but one said yes.

The Supreme Court’s Ruling on “Violent” Video Games: The Majority Opinion, and the Dissents

Justia columnist, attorney, and author Julie Hilden comments on the Supreme Court's decision yesterday, June 27, in the "violent" video games case. The Court decided, 7-2, to strike down California's law restricting minors' access to such games. Hilden explains the logic behind the opinion of the Court, written by Justice Scalia; contends that California made a mistake in framing its video-game law the way it did; and explains why Justice Breyer saw the case as more about the protection of children than about First Amendment rights, and accordingly dissented.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more