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Just in case there was any confusion about the matter, a court in Indiana has ruled that the First Amendment applies inside of MySpace just as it does everywhere else. Apparently there was actually some debate about this seemingly obvious question after a court gave a middle school student probation for posting an “expletive-laden” critique of her school’s policies on MySpace. In reversing that sentence, the appellate court noted its abhorrence of the student’s language, but agreed nonetheless that it was protected. It’s really hard to fathom the initial court’s reasoning. There’s nothing in the law to suggest that students have any less of a right to free speech than anyone else, and there’s no reason to think that postings on MySpace would make things any different. However, even though the law is settled on this issue, it’s likely that schools and will continue to go after students, only to be slapped down by higher courts

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