Legal Question in Technology Law in Missouri

can my school make me change anything on my website from my home computer

If I make a website at my house, and people at school access it and the school does not like it because it may have material not suited for school such as pictures my personal opionions on things can the school do anything about it say I had pictures of people that may be naked can they due anyting about it. could you plz tell me if they could do anyting at all or punish me


Asked on 2/09/06, 9:09 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: can my school make me change anything on my website from my home computer

I guess it would depend on who owns the site and the domain name. If you posted that site on, say, Earthlink, and it had no connection with your school, the school could not regulate your conduct outside of the school. They could obviously restrict the access from the school so that no one from the school could see it. If the website is on a school server, they can clearly regulate your conduct and force you to take down your site.

You need to be careful about posting pictures of people who are naked. If you took the photo and have the consent of the person photographed, that's lawful. If someone else took the photo, or if the person portrayed in the photo does not want his or her picture used on the web site, they can probably force you to remove it.

As a general rule just because you CAN do something doesn't mean you SHOULD do something. It may be fun to tromp on the dragon's tail by making fun of people at school, but it is just like physics. Every action has a reaction, and not all reactions are equivalent in scope to the action. If you promoted the website at school, told your peers about it, or took other action at school, there is a possibility they could regulate that conduct and possibly bring some kind of disciplinary action. In that case they are regulating your IN SCHOOL conduct instead of your out of school conduct. So if I were you, I would never mention the site at school. You cannot be responsible if other's mention it, but if they ask you about it, the proper response is "no comment."

Your question involves First Amendment issues along with education law issues. I may not have enough facts to give you a complete legal opinion. Do not rely on this opinion because I have not conducted extensive legal research, and because you have not retained me. If disciplinary action is brought against you, retain competent legal help immediately.

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Answered on 2/09/06, 9:56 pm


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