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Frustrated at school officials over developments regarding a music festival she had been planning, Avery posted a public message to her fellow students on a social networking site. Just about everyone but Avery agrees that the manner in which Avery expressed her frustration was offensive and inappropriate. For the message used a vulgar, slang term to describe school officials, it contained at best misleading and at worse false information regarding the music festival, and it called on students and their parents to write the school superintendent in order to "piss her off more." When school officials - who had advised Avery before she made her blog posting about the proper way for student leaders to address issues of concern with the administration - discovered the message, they disqualified Avery from running for class secretary for her senior year. According to school officials, Avery's conduct in posting the blog message failed to display the qualities of civility and citizenship that the school expected of class officers and leaders.

. Subject matter of copyright: In general28 (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.