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Court Finds For Student In Web FOS Case
An anonymous reader writes "A student who brought a suit against his middle school has been awarded a settlement after two years of legal battles. USAToday reports that the suit was brought after the school leveled harsh disciplinary measures against the student, based entirely on comments made to his website guestbook." From the article: "Grayson Barber, who handled the case on behalf of the ACLU, said the school presented no evidence that Dwyer's comments were threatening or disruptive of school activities. 'Our schools should encourage debate and political engagement rather than punishing students who provide a forum for free expression.'"
Any student that takes a chance and says something against authority, or does something that some board members may find offensive, run the risk of suspension. A couple years ago a girl in Florida was suspended for her Halloween outfit because she covered herself in unused condoms, and encouraged other students to take them. The official story from the school was that she was being disruptive, and refused to change shirts, but really it was about a repressive administrator that felt that "handing out condoms admits to being sexually active, and that was against the policy of the school which is abstience".
Schools are messed up places in some parts. If you didn't always toe the line, and didn't get suspended, consider your school a progressive one.
Saskboy's blog is good. 9 out of 10 dentists agree.
They SETTLED - the Board came up with the offer and the kid and his parents accepted it.
The Board was most likely advised that they risked higher exposure if this case went to trial in the form of punitive damages and attorney's fees which are available in cases like this where government entites are found to have violated constititional rights (like, in this case, speech).
Bush Lies On the Record.
Here is the "Freedom of Speech/Expression" policies for the school district that this guy was suspended in (pdf): http://www.oceanport.k12.nj.us/PDFFiles/5145.2doc. pdf
I seriously doubt that the settlement money here will come directly out of the school district's budget. More than likely they have some kind of liability insurance policy that would pay out in a case like this. Maybe it's too small of an amount for an insurance payout, but any entity that doesn't have some kind of general liability policy is asking for problems when a case like this arises.
My wife, who is a music teacher in a public elementary school, has a general liability policy for $1 million that covers her for anything that the district won't. Especially handy is today's lawsuit-happy society.
Threatening speach should be handled by police. If it was truly threatening and the boy were arrested, I'm sure no one would be supporting him right now, much less the ACLU.
Please turn your brain on before posting.
The speech in question was message board comments, posted by visitors, not by the boy himself. Even if that speech was threatening, the boy is blameless. I would be supporting him in such a case; the ACLU would join me; and if you wouldn't, well, I won't threaten you for such a viewpoint but I certainly would look askance. And vocally decry your decision.
The same ACLU that has consistently fought in favor of allowing children to pray, distribute religious literature, or otherwise express their religious beliefs in schools? You're either arguing against an organization you know little about, or simply being disingenuous. Neither one is a particularly honorable tactic for persuading people to your beliefs.
- fader
From the article:
and
Clearly everyone in the case saw this as a case of Dwyer's right, or lack thereof, to say whatever he wants outside of school grouds, not a matter of whether Dwyer or his guestbook poster should be held responsible. I was merely pointing out that if Dwyer had said something truly threatening, the police, and not his school, should be the government agency taking action.
TW