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ARTICLE · 28 MARCH 2012

Courts Affirm Universities' Right To Discipline Students For Facebook Postings

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Facebook has become one of the most commonly used social forums by students in public and post-secondary educational institutions in Ontario.

CanadaLitigation, Mediation & Arbitration
Marsha Gerhart
Marsha Gerhart
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Facebook has become one of the most commonly used social forums by students in public and post-secondary educational institutions in Ontario. But can students who use Facebook to communicate messages which negatively target or impact their peers be disciplined by these institutions for "online" conduct that is taking place off-school premises? In recent decisions dealing with university students' activities on Facebook, two provincial courts considered this very issue, and commented on the necessary balancing of a student's right to freedom of expression with an educational institution's right to protect its members from speech that has a negative impact on its learning environment.

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