The technological innovation of the Internet and electrical communication does not render null and void previous U.S. Supreme Court decisions, Ms. Cline said.

“If the publication of a student’s speech does not take place on school grounds, at a school function, or by means of school resources, a school cannot punish the student without violating his First Amendment rights,” Ms. Cline said.

She noted the school has argued that Layshock’s use of a photo of Trosch by downloading it from the district’s Web site makes the profile on-campus speech. “(I)t has never been the school’s position that Layshock would have incurred the same punishment had he ‘stolen’ Principal Trosch’s photo to make a MySpace page honoring Trosch as ‘Educator of the Year,’ ” she said.

Whitehead and Ms. Cline added the criminal and civil legal system already has recourse for school officials who have been defamed or are subject to “true threats,” as Whitehead put it.

Trosch filed a defamation suit in Mercer County Common Pleas Court against Layshock and others who he said created MySpace profiles of him.

The Pennsylvania School Boards Association previously filed a friend-of- the-court brief supporting the district.

The appeals court can rule based on the record of past filings and hearings and the argument briefs, or call for arguments.