Facebook, Free Speech, and the School System

Discussion in 'Law and Justice System' started by chanel, Feb 19, 2010.

  1. chanel
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    chanel Silver Member

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    Compare these two stories.

    Judge: Dissing a teacher on Facebook is protected speech -


    Apex teacher suspended after parents question Facebook comments :: WRAL.com

    I realize that adults should be held to higher standards and this teacher sounds like a jerk, but shouldn't her facebook comments (without names) be protected speech as well?

    Comments?
     
  2. Ravi
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    Ravi Diamond Member

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    No. She's in a position of authority and an employee. She has no freedom to post disparaging remarks about her students.

    She should be fired.
     
  3. California Girl
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    California Girl BANNED

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    Yes, she is perfectly entitled to bitch in an environment outside of work. She mentioned no names. I see no reason why she should be punished.
     
  4. chanel
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    chanel Silver Member

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    Two differing opinions. Interesting. I'm on the fence. I think both situations were handled badly. In each case, it would have made more sense to ask them to take the comments down and "right the wrong" before the more serious consequences. I'm a firm believer in handling situations rationally before lawyers need be involved. Silly I know. Lol

    But this opens a whole set of legal questions regarding slander, cyber bullying, employment laws, and the first amendment. I'd be curious to see what Jillian or one of our other lawyers have to say.
     
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  5. JW Frogen
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    JW Frogen Gold Member

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    Yes, she has the right to say what she wants on her own Facebook page. She is not on the clock and in a position of authority while she types on Facebook.

    Say what you will, and if you don't like to hear it, don't read it.
     
  6. JW Frogen
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    JW Frogen Gold Member

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    This is why I can not be a teacher (this and the lack of an education degree), I could not resist telling the little bastards and batardettes just what I think of them in the classroom.
     
    Last edited: Feb 19, 2010
  7. L.K.Eder
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    L.K.Eder unbannable non-troll

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    teacher should unfriend bible boys parents or learn how to use the privacy settings.
     
  8. Ravi
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    Ravi Diamond Member

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    I disagree. If her facebook page is under her real name the other students will know who "bible boy" is...there is no reason for a teacher to bad mouth her students in public. From what I understand, most school districts forbid this anyway.
     
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  9. JW Frogen
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    JW Frogen Gold Member

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    There is either free speech or there is not, if she can not speak then she should be able to censor her student's Facebook pages concerning her.

    There is no rational or fair way to censor, let freedom ring.
     
  10. Ravi
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    Ravi Diamond Member

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    If she quits her job she is free to bad mouth them all she wants. Until that time she does not have the right to do so.
     

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