The question is whether these decisions create a rule that's workable for employers and schools, which have to manage their workers and students long after the judges are gone.
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(The police chief was apparently right to wonder about him.) Ikuta also said that Quon could have made sure the city wouldn't search his texts by using his own phone or pager to send them. In other cases that Wilson cites, judges have been far quicker to crack down on students who use the Internet to make trouble.
That still has to be the safest route—use your own phone or e-mail account for anything you don't want your employer to see. Courts have upheld school punishments for, among other things, students who created a fake My Space profile of a principal (calling him a pedophile and a sex addict), showed a teacher a poem he'd written about a mass shooting of his classmates, and put online a drawing that showed a teacher with her head cut off. finding out about the cruel video because other kids were talking about it and feeling vulnerable and rotten.
A high school in Beverly Hills, Calif., suspended a student, who in the opinion goes by the initials , after she made a video in which she and her friends ranted about another student, C. But he wouldn't have left behind hundreds of shreds of digital smut for his employer to find.
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This ruling, by Judge Kim Mc Lane Wardlaw for a panel of three judges, implicitly recognizes that company pagers and e-mail accounts often turn into personal ones.