Teen Sues over High School Facebook Suspension

by Jordan Yerman | December 10, 2008 at 05:54 am
914 views | 28 Recommendations | 10 comments

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A student was suspended for posting negative comments about a teacher on her Facebook page. The teacher found out, and the student was suspended. Now, after graduating, the student is suing the principal to get the suspension removed from her record.

How did the school even find out about the Facebook discussion?

That aside, why did the teacher in question care? Surely she realizes that students bag on their teachers as a matter of course.

The principal of Pembroke Pines Charter High School, Peter Bayer, didn't think much of her thoughts. He suspended her for "bullying and cyber bullying harassment towards a staff member.''

So, now that she is all grown up and in college, Katherine has decided to sue. With the help of the American Civil Liberties Union. The lawsuit claims that Katherine's First Amendment Rights were violated. You know, the ones about "the free and unfettered exchange of ideas and opinions in the public arena."

For a school staff member to claim "cyber-bullying" against a student will raise eyebrows in any case, but this particular instance seems quite a stretch.

The article above muses on the student's motivation for getting the suspension purged from her academic record, but I'm glad that she's doing this. Cyber-bullying is a real issue in schools these days, and cases like this just dilute the argument. What the student did was the equivalent of talking about someone behind that someone's back: not the same as bullying.

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1
Uwe Paschen

She must have a lot of money and why does she care?

Face book and Cell Phone are banned in most Schools are they not?

Yes the Teacher should not care, however it is put out in writing and on a public site, not the same then a private e-mail and teacher could counter sue for defamation of character or Public humiliation...

It could go on for some time. Is it worth it?

0
Albert Milliron

In the classroom, Children have less rights then citizens to establish an environment that will facilitate education.

Facebook on the other hand falls within the 1st Amendment and a student should not be punished if the communication was factual and not with on  the definition of libel


0
lefty_liberated

Some teen was interviewed by the secret service after saying Bush should be killed a few years ago. I think it might have been on myspace, though, but I'm not sure. 

Related facebook news: 

Facebook Activism In Croatia

December 04, 2008

A good example in Croatia of the power of social media to mobilize the masses. Sixty thousand people have joined a Facebook group, "I bet I can find 5,000 people who dislike Sanader."

And another group, roughly translated as "Tighten your belts bandit-thieves" is calling for country-wide protests on December 5. It's a reference to a recent statement made by Prime Minister Ivo Sanader that people should deal with the economic crisis by, yes, tightening their belts.

And controversially in recent days, opposition activists distributing posters advertising anti-government protests were detained by police.

It's a sign the economic crisis is starting to bite in Croatia; people are feeling the pinch and are angry that, to their minds, the government isn't doing anything. 

But it's the government reaction that's the most interesting. Sanader has been quick to condemn the police action, saying "No one should be detained or arrested in Croatia for expressing different views, just because they protest against or disagree with my policies or anyone else's."

With an eye on NATO and EU membership, Sanader is being very careful. It certainly wouldn't look good for him -- or his democracy -- if his police officers starting cracking the skulls of kids who hang out on Facebook.

-- Ankica Barbir-Mladinovic


Note: They were brought in by police because some of the things they posted on Facebook were nazi related (maybe speculating the govt were like nazis) and that type of propaganda is banned in Croatia, but locals say it usually goes uninforced. 


0
Amy Judd

I think that Facebook should be kept for personal use, and if you do happen to have people on your facebook that you work with or go to school with, then that's fine, but they can't get mad if you or someone you know writes something about your job or school - it's your personal account.

0
Jason Sanders

Students are always putting down their teachers. I agree with Amy, there should be a Separation of School and Facebook.

0
joeylowe

Wow, I took the time to follow Jordan's links to both the original article and from there to the actual court documents which include copies of the actual Facebook posting.  No where did I see any evidence of cyber-bullying, even if that definition is stretched to the limit.  I think the ACLU actually has a bona fide case here!

On a similiar note, most schools have been given unbridled ability to control the lives of our children and our children's parents without recourse.  In other words, if the principals, vice-principals or school boards decide on a course of punishment, the affected child usually has no recourse.

I can remember another story recently in Texas where a high school student was suspended for three days, and banned from all extra-curricular activity for the remainder of his high school tenure (junior and senior years) for reading a book aloud while in earshot of other students who didn't want to hear what he was reading.  By the way, the title of the book escapes me, but the book was required reading.


0
Albert Milliron

Jordan, On further Review, this girl set up a group so students could join and disseminate the hate they have for this teacher.  Some of the comments crossed the line.  While I am a major supporter of the 1st Amendment.  Setting up a group to Libel a teacher crosses the constitutional line

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Uwe Paschen
First Flagged at 6:11 AM, Dec 10, 2008 by Uwe Paschen
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