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Rulings cloud issue of school MySpace suspensions

Associated Press

Posted on February 4, 2010 at 1:01 PM

Updated Thursday, Feb 4 at 3:04 PM

PHILADELPHIA (AP) — Federal appellate judges deciding if schools can discipline students for Internet speech posted off-campus have reached different rulings in two Pennsylvania cases.

One 3rd U.S. Circuit Court panel upheld the suspension of a Schuylkill County eighth-grader who posted sexually explicit material along with her principal's photograph on a fake MySpace page.

But a different three-judge panel says school officials in Mercer County can't reach into a family's home and police the Internet. That case also involves a MySpace parody.

The American Civil Liberties Union represents both students on free-speech grounds.

ACLU lawyer Witold Walczak says the case law was already unclear — and now appears to be in chaos.

The Supreme Court has not weighed the issue.

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