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Legal Actions of School Against a Proxy's Host?

WakefieldHS-students asks: "I attend a public school, Wakefield High School in Raleigh, North Carolina. A friend of mine recently created a site that hosted a web proxy browser. It ran for a few months, and others at our school found out about it. The original domain was blocked by the censorship software the school uses, and it was changed a few times to get around this. Recently, he was forced to take down the proxy, with the threat of not graduating and the taking of legal action by the school. What legal rights, if any, can the school use to ban someone from hosting a website? Furthermore, what rights does the U.S. Government have to censor such websites?"

2 of 200 comments (clear)

  1. Re:Ok, now tell us the rest of it by Cyphertube · · Score: 4, Informative

    Of course, since the operation of proxy server is not done under school property and doesn't have anything to do with the care of the student, the argument for it being in loco parentis doesn't really hold water.

    Of particular note, if he's near graduating, he may well be 18 already, at which point in loco parentis no longer applies. By threatening his academic situation, a publically mandated and required function of the school, by regarding his own actions off school time, then they could actually be sued on grounds of harrassment.

    Now, they could pursue action against him for access the proxy from the school, but not against him for others.

    Moreover, since I was nailed under in loco parentis when I was in middle school, I can tell you that loco parentis ceases the instant you enter your front door, if you ride the bus home from school. I got nailed for verbally assaulting the bus driver (who later was nailed for felony hit and runs against mailboxes, thus disproving the slander and defamation charges they 'threatened' me with). As I was told, if I'd entered my house, come back out, and then yelled at her, it would have been out of the school's hands.

    --
    Linux - because it doesn't leave that Steve Ballmer aftertaste.
  2. Re:Ok, now tell us the rest of it by techfury90 · · Score: 5, Informative

    I go to WHS, so I know about this story. Basically he was running a proxy to allow people to visit banned sites such as MySpace from there, which was its typical use. Every time someone was in the computer lab, you'd see MySpace up via this website.

    --
    I'm friends with the youngest daughter of the former head of the PowerPC division of IBM you insensitive clod!