Legal Question in Technology Law in South Dakota

My high school provides its students with laptops for use during the school day and at home. On the school wi-fi, certain websites are blocked. At home, we have always been allowed to use our laptops however we want (to a certain extent- no installing programs, watching porn, etc.). However, starting this fall, our home internet usage will also be regulated when we are using our laptops; all the sites blocked at school will also be blocked at home. Is this legal?


Asked on 7/20/12, 4:53 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Sure. The school is only regulating what you can do with its computer, not what you can do on your own time. You will still be free to visit other sites with your own computer or someone else's. But you do not have the right to use the school's equipment however you choose.

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Answered on 7/20/12, 5:11 pm
John Mitchell Interaction Law

One key determinant is whether your school is a private school or public school. Private schools will have a bit more freedom to censor you. A public high school, as a government entity, is subject to the First Amendment's limitation against government suppression of speech. While courts have allowed for some forms of censorship to facilitate the public school's education mission, the facts you set out suggest that the school may have exceeeded those limits by abridging your freedom of speech beyond the school's educational interests. If this is a public high school, I suggest that you contact your local ACLU (try http://www.aclusd.org/) or the Student Press Law Center (http://www.splc.org/) to discuss your particular situation.

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Answered on 7/21/12, 11:50 am


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