Legal Question in Intellectual Property in Indiana

My son was texting a friend on the weekend. His friend was using a school owned I pad. There was an exchange of inappropriate texts involving drug terminology. It was a weekend, from his own iPhone and now he's been expelled for a year. Is that legal? We have an appointment with the board of trustees in March. Help!

Asked on 2/28/13, 4:12 pm

1 Answer from Attorneys

John Mitchell Interaction Law

I suggest you contact your local American Civil Liberties Union (ACLU) immediately. Perhaps they can explore the relevant details to determine whether the school crossed a legal line. Note that the lawyers will want to know whether the school is a public or private school, as the students' First Amendment rights will not have been implicated by purely private actions. In a time when so much of our communication is through electronic devices and networks, you might want to find out whether the school would have treated such communications any differently than if the two had been chatting face-to-face, or if the friend had scribbled a note on a school-issued piece of paper. Good luck.

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Answered on 2/28/13, 7:32 pm

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