Facebook, Free Speech, and the School System

[chanel]

Compare these two stories.

A federal judge in Florida has ruled that a student's ranting about her high school teacher on a Facebook page is protected by the First Amendment, The Miami Herald reports.

Katherine "Katie" Evans, a 17-year old student at Pembroke Pines Charter Schools, was suspended in 2007 for three days and bumped from Advanced Placement classes after setting up a Facebook page for three days to complain about "the worst teacher I've ever met," the newspaper says.


Garber ruled that Evans' rant "falls under the wide umbrella of protected speech."

"It was an opinion of a student about a teacher that was published off-campus, did not cause any disruption on campus and was not lewd,vulgar, threatening or advocating illegal or dangerous behavior," he ruled.

Judge: Dissing a teacher on Facebook is protected speech -

Apex, N.C. — An eighth-grade teacher at West Lake Middle School in Apex has been suspended for five days with pay pending an investigation, Wake County school officials said Monday.

School district spokesman Greg Thomas would not go into details over Melissa Hussain’s suspension due to employee confidentiality obligations, but a parent said the concern started as the class was learning about evolution and some students challenged the teacher on Christian beliefs.

Following the evolution discussion, Hussain wrote on her Facebook page that a student left a Bible on her desk with a card that read Merry Christmas with “Christ” underlined, the parent told WRAL News Monday afternoon.

The parent said Hussain then wrote, “I have a meeting with the (possible) Bible boy on Monday … Heaven help him, I am still so mad at that child!”

Parents complained to school officials about the comments last week.

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?

 

[Ravi]

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.

 

[California Girl]

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.

 

[chanel]

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.

 

[JW Frogen]

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.

 

[JW Frogen]

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.

 

[L.K.Eder]

teacher should unfriend bible boys parents or learn how to use the privacy settings.

 

[Ravi]

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.

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.

 

[JW Frogen]

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.

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.

 

[Ravi]

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.

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.

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.

 

[JW Frogen]

Athens gave Socrates a cup of hemlock for speaking freely to his students, one would think we would have learned something since then?

 

[JD_2B]

Compare these two stories.

A federal judge in Florida has ruled that a student's ranting about her high school teacher on a Facebook page is protected by the First Amendment, The Miami Herald reports.

Katherine "Katie" Evans, a 17-year old student at Pembroke Pines Charter Schools, was suspended in 2007 for three days and bumped from Advanced Placement classes after setting up a Facebook page for three days to complain about "the worst teacher I've ever met," the newspaper says.


Garber ruled that Evans' rant "falls under the wide umbrella of protected speech."

"It was an opinion of a student about a teacher that was published off-campus, did not cause any disruption on campus and was not lewd,vulgar, threatening or advocating illegal or dangerous behavior," he ruled.

Judge: Dissing a teacher on Facebook is protected speech -

Apex, N.C. — An eighth-grade teacher at West Lake Middle School in Apex has been suspended for five days with pay pending an investigation, Wake County school officials said Monday.

School district spokesman Greg Thomas would not go into details over Melissa Hussain’s suspension due to employee confidentiality obligations, but a parent said the concern started as the class was learning about evolution and some students challenged the teacher on Christian beliefs.

Following the evolution discussion, Hussain wrote on her Facebook page that a student left a Bible on her desk with a card that read Merry Christmas with “Christ” underlined, the parent told WRAL News Monday afternoon.

The parent said Hussain then wrote, “I have a meeting with the (possible) Bible boy on Monday … Heaven help him, I am still so mad at that child!”

Parents complained to school officials about the comments last week.

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?

Good grief!! Thats ridiculous. The Supreme Court will rule that the teacher was allowed to express herself, of course. No harm, no foul.. It is bullshit to say that someone cannot express themselves. The teacher did not use any language that was overtly threatening or obscene. I think that her speech is protected.

Oh Crap for a second I thought they suspended the student as well. WTF.. I started going off and then realized the errors of my ways. LOL!! Whoopsssiiiiieeeee..

 

[Ravi]

The Supreme Court will rule that the teacher was allowed to express herself, of course.

Why? That would mean if one of my employees publicly dissed a client I wouldn't be allowed to fire them.

 

[Bill O'Olberman]

Oh Crap for a second I thought they suspended the student as well. WTF.. I started going off and then realized the errors of my ways. LOL!! Whoopsssiiiiieeeee..

She was "suspended in 2007 for three days and bumped from Advanced Placement classes." The lawsuit came after the fact and was resolved what 2 1/2 to 3 after the incident occured. So I believe she did have to serve the suspention.

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.

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.

So there should be no laws that proscribe slander or libel. Perjury, fuck that shit, I can say what I want to. Any commercial speech should obviously be impervious to any kind of regulation or laws. I can see it now; Viagra: Get a hard on and cure cancer at the same time!!! And there should be no law against the whole yelling fire in a movie theater scenario or threatening language. Also employers can impose restrictions on protected categories such as race, age, ethnicity, gender, religion, sexual orientation, etc that prevents employees from making comments that could be considered "hateful" or insensitive or shit like that. Yeah, I do believe that there are some forms of speech that can be regulated.

Also, the teacher shouldnt be able to censor anyone. It should be the schools policy that a teacher not talk about their relationship with a student, even if the student remains unnamed, in a public forum such as facebook.

 

[CurveLight]

The facebook police needs to get a life. This is all pathetic whining that will lead to ridiculous internet legislation and in ten years each public posting site will need to buy User Repercussion Insurance. Then services like Anonymous-R-Us will pop up to offer guaranteed protection from trace identity followed by a new government branch of law enforcement called the Public Space Protection Services and another $50,000,000 of tax money will be spent on paper clips and coffee filters. A safe guideline is if the only problem caused by a posting is the whining of that posting then the complainers should get a pity party cake decorated with STFU!

 

[Ravi]

The facebook police needs to get a life. This is all pathetic whining that will lead to ridiculous internet legislation and in ten years each public posting site will need to buy User Repercussion Insurance. Then services like Anonymous-R-Us will pop up to offer guaranteed protection from trace identity followed by a new government branch of law enforcement called the Public Space Protection Services and another $50,000,000 of tax money will be spent on paper clips and coffee filters. A safe guideline is if the only problem caused by a posting is the whining of that posting then the complainers should get a pity party cake decorated with STFU!

That makes no sense. Facebook didn't force this twit to post stupid comments about her student.

 

[CurveLight]

The facebook police needs to get a life. This is all pathetic whining that will lead to ridiculous internet legislation and in ten years each public posting site will need to buy User Repercussion Insurance. Then services like Anonymous-R-Us will pop up to offer guaranteed protection from trace identity followed by a new government branch of law enforcement called the Public Space Protection Services and another $50,000,000 of tax money will be spent on paper clips and coffee filters. A safe guideline is if the only problem caused by a posting is the whining of that posting then the complainers should get a pity party cake decorated with STFU!

That makes no sense. Facebook didn't force this twit to post stupid comments about her student.

At one time nobody thought McDonalds could be sued for serving hot coffee...

 

[Ravi]

Bad analogy.

 

[CurveLight]

Who gives a fuck. If anybody thinks all of this facebook whining won't lead to bullshit legislation then please immediately send $15 for your guaranteed to retire at 40 plan.

 

[AllieBaba]

It isn't about facebook, it's about her responsibilties as a teacher, and what form of confidentiality agreement is she restricted by.

I know I don't use facebook to rant about specific job-related things, and I NEVER talk about my clients or even their situations because that's a breach of confidentiality.

I think it's inappropriate to piss and moan about students on a facebook page...but whether or not it's actually breaking the "rules" or any law, probably not. Especially if the page is open to "friends" only.