Student sues over punishment for Facebook comments

Discussion in 'Education' started by Steerpike, Dec 10, 2008.

  1. Steerpike
    Offline

    Steerpike VIP Member

    Joined:
    Dec 17, 2007
    Messages:
    1,847
    Thanks Received:
    182
    Trophy Points:
    83
    Ratings:
    +182
    The article is here.

    Have to run so I don't have much time to comment, except to say that my initial impression is that the student is in the right here.
     
  2. Shogun
    Offline

    Shogun Free: Mudholes Stomped

    Joined:
    Jan 8, 2007
    Messages:
    30,495
    Thanks Received:
    2,224
    Trophy Points:
    1,043
    Ratings:
    +2,260
    i'd be curious to see how this gels with the "bong hits for jesus" guy who lost his freedom of speech case.
     
  3. PoliticalChic
    Online

    PoliticalChic Diamond Member

    Joined:
    Oct 6, 2008
    Messages:
    55,834
    Thanks Received:
    15,671
    Trophy Points:
    2,190
    Location:
    Brooklyn, NY
    Ratings:
    +24,994
    I wouldn't have done what the girl did, but she had a right to do it. She didn't call for the teacher to be hurt in any physical way. It may have embarrassed the teacher in which case the teacher could have sued for defamation of character.
     
  4. KittenKoder
    Offline

    KittenKoder Senior Member

    Joined:
    Sep 21, 2008
    Messages:
    23,281
    Thanks Received:
    1,711
    Trophy Points:
    48
    Location:
    Nowhere
    Ratings:
    +1,714
    Honestly, that whole "social networking" crap is just pointless. Anyone who takes any of it that seriously has serious issues themselves. Blogs, facebook, etc. are just good ways to vent, better than having them go out and do something worse. It's just the nuts on both sides that take it too far. Everything posted is opinion, live by that and they should do just fine.
     
  5. random3434
    Offline

    random3434 Senior Member

    Joined:
    Jun 29, 2008
    Messages:
    25,903
    Thanks Received:
    7,188
    Trophy Points:
    48
    Ratings:
    +7,194






    She (the student) did nothing wrong but exercise her free speech. This was done OUT OF SCHOOL, so she shouldn't have been suspended.

    She should win her case imo.
     
  6. pegwinn
    Offline

    pegwinn Top of the Food Chain

    Joined:
    Apr 17, 2004
    Messages:
    2,549
    Thanks Received:
    329
    Trophy Points:
    98
    Location:
    Texas
    Ratings:
    +329
    From the article:
    Emphasis and Comments (purely opinion unless sourced) added.

    I don't think the Girl was in the wrong. If I were the judge I would toss her out on the street to peddle her victim mentality. Had she or her parents decided to file the suit during the suspension......
     
  7. Againsheila
    Offline

    Againsheila Gold Member

    Joined:
    Nov 1, 2008
    Messages:
    17,126
    Thanks Received:
    2,554
    Trophy Points:
    245
    Location:
    Federal Way WA
    Ratings:
    +2,700
    She can "say" anything about her teacher she wants, but when she puts it in writing, it becomes slander. It's a lesson she needs to learn now.

    That's part of the problem with places like facebook and myspace, kids think it's just chatting between friends, but it isn't. It is putting what you say in writing and whenever you do that, you must be careful. Even the anonymity of the message boards can't save you if the police decide to serve you.
     
  8. KittenKoder
    Offline

    KittenKoder Senior Member

    Joined:
    Sep 21, 2008
    Messages:
    23,281
    Thanks Received:
    1,711
    Trophy Points:
    48
    Location:
    Nowhere
    Ratings:
    +1,714
    I just think it's all stupid, putting so much weight on what someone online says. I would love to see these sites fall and for people to have to make REAL friends again. Most people don't even know their neighbors these days but they have plenty of acquaintances on the other side of the world.
     
  9. Steerpike
    Offline

    Steerpike VIP Member

    Joined:
    Dec 17, 2007
    Messages:
    1,847
    Thanks Received:
    182
    Trophy Points:
    83
    Ratings:
    +182
    This is a legal conclusion and you haven't supported it. Just because she put something negative in writing doesn't make it slander. She can state a negative opinion of someone without it being slander. You have to meet the legal elements of slander...
     
  10. catzmeow
    Offline

    catzmeow BANNED

    Joined:
    Aug 14, 2008
    Messages:
    24,064
    Thanks Received:
    2,922
    Trophy Points:
    0
    Location:
    Gunshine State
    Ratings:
    +2,974
    This is a CIVIL, not law enforcement matter, in my opinion. If the teacher was slandered, the teacher has a right to pursue this matter, including financial damages, in civil court. The school does not, IMO, have the right to silence student speech off campus.

    I feel some degree of sympathy towards the student. last year, my daughter had THE WORST English teacher, ever. This woman was assigned to teach all of the honors English classes, and verbally harassed and berated students in class (she made the son of my good friend CRY in class one day). She was clearly not qualified, and was on the way out professionally, and yet the school still allowed her access to students. This woman taught nothing and was emotionally and verbally abusive towards the students. The students themselves had no recourse other than to involve the parents, but when we talked to the principal, we were told, "we can't remove her or the union will sue, we are just waiting for her to retire." And, asking the kids to be moved was pointless, she was the only teacher assigned to teach honors 8th grade.

    I suspect this happens more often than not. If kids want to bitch about it online, let them. I don't believe that it is possible for a student to "bully" a teacher. The teacher has significantly more power than the students. If it is a physical matter, then charge the student with assault, but kids are entitled to free speech (and the incumbent responsibilities). More often than not, I think schools are using these tactics to silence any criticism of what they do...

    And I can't see how that benefits any of us.
     
    Last edited: Dec 11, 2008

Share This Page