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US District Court/Direct
Grayson Barber, Esq.
The ACLU-NJ represents Ryan Dwyer who, as an eighth grader, was punished by the Oceanport School District administration for creating a website that provided a forum for students to air grievances about their school. He created it on his own time from home. For this, Dwyer received a five-day suspension, was disqualified from the school baseball team, was not allowed go on the annual class trip, was not permitted to take Advanced Placement tests for high school, and was forced to take down his web site. Nothing Dwyer posted on his website was threatening or terribly offensive. However, the school administration apparently objected to the part of the website known as the "Guestbook" which contained postings by other students who logged onto the website, some of which the principal construed as threatening or offensive. However, Dwyer had a disclaimer on the Guestbook Page that stated: "NO PROFANITY (that's curse words and bad words) and no threats to any teacher or person EVER. If you think it may be a bad word or it may be threatening DO NOT TYPE IT IN." When students posted inappropriate material, the posters were promptly informed that such statements were not permitted. The identities of the posters were not hidden. Nevertheless, Dwyer received a far harsher penalty than any of the students who actually used profanity or threats. The school has never told Dwyer and his parents exactly what school policy or rule Dwyer violated. On December 18, 2003, the ACLU-NJ filed a suit against the Oceanport School District for violating Dwyer's right to free speech and due process.
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