Blogging and Free Speech Issues. The creation of a “web-log” or “blog” is a current trend for many individuals using the Internet. A blog is personal space on the world-wide-web devoted to a particular topic. Often a single individual authors a blog, or as is becoming more common, access to the blog is ‘open’ and anyone may post an entry. Blogging is not limited to text, and information which can be stored electronically may be placed in a blog: music, photos and videos, for example, all can become part of a blog. There are many free blog sites available for use by anyone with Internet access. Registration requirements are often loose and potentially ineffective. Blogs have become a public forum for many people, including students, to post a variety of personal information, including biographical information, opinion, media, and insulting or harassing speech. Law enforcement officials, while vigilant in the pursuit of criminal activity, are often faced with the issue of “free speech” under the Federal and New Jersey Constitutions. Prosecution of individuals who harass or threaten specific groups or individuals is commonplace. However, law enforcement may be unable to prosecute those who merely publish an opinion or a photograph. School personnel as well as students often are the target of information contained in blogs. Whenever a school administrator learns of blogging information which rises to the level of threats or harassment, the school official shall immediately notify law enforcement. Law enforcement authorities have the ability to preserve evidence before the author has an opportunity to alter it. If such information is brought to the attention of law enforcement, a legal determination will be made on whether the information contained in the blog is constitutionally protected and whether it is criminal in nature.
Blogging and Free Speech Issues. The creation of a “web-log” or “blog” is a current trend for many individuals using the Internet. A blog is personal space on the world-wide-web devoted to a particular topic. Often a single individual authors a blog, or as is becoming more common, access to the blog is ‘open’ and anyone may post an entry. Blogging is not limited to text, and information which can be stored electronically may be placed in a blog: music, photos and videos, for example, all can become part of a blog. There are many free blog sites available for use by anyone with Internet access. Registration requirements are often loose and potentially ineffective. Blogs have become a public forum for many people, including students, to post a variety of personal information, including biographical information, opinion, media, and insulting or harassing speech. Law enforcement officials, while vigilant in the pursuit of criminal activity, are often faced with the issue of “free speech” under the Federal and New Jersey
Blogging and Free Speech Issues. 22 Article 5. School Access to Law Enforcement Information. 23 5.1. Statutory Authority to Disclose Information. 23 5.2. Agreement to Disclose Information Following a Charge. 24 5.3. Agreement to Disclose Information During an Investigation. 24 5.4. Specificity of Disclosed Information. 25 5.5. Disclosure of Adult Student Information. 25 5.6. Law Enforcement Testimony at School Student Conduct Hearings; Required Notice to the County Prosecutor. 25 5.7. Parallel School Student Conduct Proceedings. 26 5.8. Notification of Arrests or Charges Filed Against School Personnel. 26
Blogging and Free Speech Issues. The creation of a “web-log” or “blog” is a current trend for many individuals using the Internet. A blog is personal space on the world-wide-web devoted to a particular topic. Often a single individual authors a blog, or as is becoming more common, access to the blog is ‘open’ and anyone may post an entry. Blogging is not limited to text, and information which can be stored electronically may be placed in a blog: music, photos and videos, for example, all can become part of a blog. There are many free blog sites available for use by anyone with Internet access. Registration requirements are often loose and potentially ineffective. Blogs have become a public forum for many people, including students, to post a variety of personal information, including biographical information, opinion, media, and insulting or harassing speech. Law enforcement officials, while vigilant in the pursuit of criminal activity, are often faced with the issue of “free speech” under the Federal and New Jersey Constitutions. Prosecution of individuals who harass or threaten specific groups or individuals is commonplace. However, law enforcement may be unable to prosecute those who merely publish an opinion or a photograph. School personnel as well as students often are the target of information contained in blogs.
