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Was the content created during a structured class or lab time? If so, the Hazelwood standard should apply, because the content could be linked to the curriculum.

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Was the content created during a structured class or lab time? If so, the Hazelwood standard should apply, because the content could be linked to the curriculum.

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These factors, of course, relate to student speech on the Internet that occurs on the school grounds. If the speech in question occurs on a private Web site, a different set of issues is at stake. What limits, if any, can be placed on the private Web sites of students? Case law in this area is still developing, so a clear legal standard has yet to be defined. School officials should exercise caution before attempting to limit student expression on a private Web site maintained off school grounds. On one hand, schools have a vital interest in keeping all members of their community safe; if a student produces speech that constitutes a “true threat,” schools have a responsibility to act. However, in the majority of lawsuits between students and administrators so far, judges have been more likely to defend the free expression rights of the students, whose speech they usually determined did not constitute a “true threat.

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