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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.
According to Monday's lawsuit, Evans used no profanities and stated no threats against the teacher. The suspension notice from the public school alleged only that Evans "had posted an inappropriate site regarding her teacher on Facebook." Evans is demanding that the suspension be removed from her record
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The case highlights the legal challenges facing courts and school administrators as they grapple with campus civil order and free expression in an online world. If the computer used was off campus and the student wasn't required to be in class at that time, then civil order doesn't apply.
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After people's comments derided Evans for the online stunt, and expressed support for the teacher, she deleted the group. But Pembroke Pines Charter High School, which did not respond for comment, suspended Evans for three days for "disruptive behavior" and for "Bullying / Cyber Bullying Harassment towards a staff member," according to the lawsuit, which is backed by the American Civil Liberties Union. As I understand Bullying you are forcing someone to bend to your will by using threats and/or intimidation. It would seem that the school should substantiate the allegation.
Evans was removed from her from advanced placement classes "and forced her into the lesser-weighted honors classes." The lawsuit alleges the black mark on Evans' permanent record is "unjustifiably straining her academic reputation and good standing." Hopefully the allegation will be proven by the girl and her mouthpieces. As to lesser weighted Honors Classes, Phooey. Each class change should be fully documented as a liability precaution. Was she removed from all AP classes or only those where contact with the victim-teacher was likely I wonder?
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There's no bright-line rule on what constitutes free, student speech in the online world. And as schools start to regulate off-campus student speech on the internet, lawsuits are following. Schools have no business attempting to regulate off campus speech.
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But with the explosion of the internet and social networking sites, "The courts are figuring out where the boundaries end and start when it comes to off-campus speech," LoMonte said. It's really simple. Was the damage one on school time or on school equpment?
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The appeal concerns Justin Layshock, who, as a senior and honors student at a Pennsylvania high school, was suspended for 10 days after creating a mock MySpace profile of his principal.
The profile said the principal took drugs and kept beer at his desk. A federal judge overturned the suspension, ruling last year that the fake profile was not created at school and did not create a "substantial disruption."
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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.
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.
She can "say" anything about her teacher she wants, but when she puts it in writing, it becomes slander.
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.
i'd be curious to see how this gels with the "bong hits for jesus" guy who lost his freedom of speech case.
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.
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.
Actually, that's incorrect. Written or verbal, defamation is still defamation.
slander is verbal
define:slander - Google Search
libel is written
define:libel - Google Search
Trust me, I have seen more than my share of bad teachers. I would not however, post their names and problems online. I did pull my son out of one teachers class and let the school district know that she shouldn't be teaching. Fortunately I wasn't the only parent to complain and the teacher never did finish out the year. The damage she did to my son though, is still being undone.
She has the right to complain about her teacher, she does not have the right to post her teache's name and start a hate campaign against her.
Remember the girl that killed herself and the mother that went to jail for harassment? It goes both ways.
see, this is the sort of crap these moronic kids come up with & their goofy parents support....this is why we produce a nation of Dancing with the Stars addicts instead of engineers & scientists.....
Thanks for the lesson. My point is, that when you put it in writing, you must be able to back up what you say. It's better she learn this lesson now.