‘You can’t say that!’ Or can you?
November 17, 2009 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
This student said he perceived an online class discussion as a form of “combat.” When he was disciplined for being disruptive, he sued.
Peter Harrell enrolled in an online class at Southern Oregon University. Students participated by posting comments and responses onto a discussion board forum.
Harrell admittedly viewed the discussion as a form of “combat.” Some of the things he posted – which are not specifically identified in the court ruling – intimidated other students. Harrell’s response: “[T]hose who can’t handle the heat just need to stay out of the kitchen … .”
Harrell’s comments violated a school conduct policy that barred students from engaging in disruptive activities, including “loud and distracting behaviors,” threatening conduct and conduct that displayed “defiance or disrespect of others.” He was placed on probation.
That led to his suit against the school, in which he sought a preliminary injunction.
The court rejected the request. The school could limit speech it reasonably believed could create a disruption. And the conduct policy wasn’t too vague or too broad, the court added.
Cite: Harrell v. Southern Oregon Univ.
Did the court get it right? Tell us what you think in the comments section below.
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Tags: free speech, online courses, Southern Oregon University


November 18th, 2009 at 5:43 pm
It does not surprise me that this was an Oregon student. I have been a teacher in Oregon for almost 15 years and have seen a steady erosion of civility and respect in the students that attend my classes. They are increasingly arrogant, combative, and exude a sense of entitlement that makes it very difficult to maintain high standards and expectations.
November 18th, 2009 at 6:31 pm
Having taught online for around ten years, I’m wondering why the instructor of this student’s course did not upload online “netiquette” at the beginning of the class. In no way, shape, or form should discussion ever be seen as a form of combat. In f-t-f learning, as well as online learning, males often try to dominate conversations, though most are more charming about it than this guy. I’m glad the court sided with the institution.