Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Oceanport School District v. Dwyer

Oceanport School District v. Dwyer [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:59

Summary

Threat Type: 

Disciplinary Action

Date: 

12/18/2003

Status: 

Concluded

Disposition: 

Settled (total)

Location: 

New Jersey

Verdict or Settlement Amount: 

N/A

Legal Claims: 

None
For approximately a week in early April 2003, Ryan Dwyer, then an eighth grade student, maintained a website called "I Hate Maple Place" that included a forum. Dwyer, who hosted the site on his home computer, used the site to criticize his... read full description
Parties

Party Issuing Legal Threat: 

Oceanport School District; John Amato; James DiGiovanna; Mary Bulvanoski; Joseph Henderson; Mary Sharkey; Serafina Banich; Steven Briskey; Lucille Chaump; Rick Harrison; Robert Huber; Geralyn Hyland; Richard McKenna; William McVitty

Party Receiving Legal Threat: 

Ryan Dwyer

Type of Party: 

Individual
School

Type of Party: 

Individual

Location of Party: 

  • New Jersey

Location of Party: 

  • New Jersey

Legal Counsel: 

Howard Nirenberg

Legal Counsel: 

Grayson Barber, Edward Barocas
Description

For approximately a week in early April 2003, Ryan Dwyer, then an eighth grade student, maintained a website called "I Hate Maple Place" that included a forum. Dwyer, who hosted the site on his home computer, used the site to criticize his local school and some of the teachers. He also created a section on the site called "Guest Book" where other users could post comments.

Although Dwyer requested that posters refrain from posting threats or profanity, some fellow students posted inappropriate content. When school officials found out about the website they suspended Dwyer.

On December 18, 2003, Dwyer filed a lawsuit with the help of the ACLU against the school district, its administators, and others, claiming the school district had violated his First Amendment and Due Process rights.

On March 31, 2005 the court granted partial summary judgment in favor of Dwyer. The parties settled in November 2005, with the school district issuing an apology and paying $117,500 in damages and attorney's fees.

Related Links: 

  • ACLU Summary [2]
  • ACLU-NJ Wins Free Speech Victory for 8th Grade Webmaster [3]
  • ACLU-NJ Announces Settlement in 8th Grade Webmaster Case [3]
Details

Web Site(s) Involved: 

Welcome to the Anti-Maple Place - Your Friendly Environment [4] (defunct)

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Third-Party Content
  • Student Speech
Court Information & Documents

Jurisdiction: 

  • New Jersey

Source of Law: 

  • United States

Court Name: 

District of New Jersey

Court Type: 

Federal

Case Number: 

3:03CV06005 (SRC)

Relevant Documents: 

PDF icon DwyerComplaint.pdf [5]
PDF icon DwyerOrder.pdf [6]
PDF icon DwyerOpinion.pdf [7]
CMLP Information (Private)

CMLP Notes: 

TO DO: Get defendants' answer

DMLP Logo


Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/oceanport-school-district-v-dwyer

Links
[1] https://www.dmlp.org/threats/oceanport-school-district-v-dwyer
[2] http://www.aclu-nj.org/legal/closedcasearchive/dwyervamatoetal.htm
[3] http://www.aclu-nj.org/pressroom/aclunjannouncessettlementi.htm
[4] http://www.mapleplace.20m.com
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/DwyerComplaint.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/DwyerOrder.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/DwyerOpinion.pdf