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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.'"
Students have free speech rights--they are limited for the special circumstances of the school house environment, but it is undeniable that public school students have certain 1st Amendment rights. A website, written from a home computer, would seem a rather obvious example of free speech that cannot be punished by school administrators, especially if the punished speech was in a guest comments section that the student may not have written himself.
$100,000 isn't bad for your first website.
It's a good thing that the school district got its hand slapped for enforcing a stupid rule and then refusing to state the rule that was violated. How can someone be held liable for what another person put in a guestbook? And then to top it off, suspending a kid from school and not allowing him to go on a field trip or play sports for no justification? Jeez, at least tell the guy exactly what rule he violated. That school district just taught its students a lesson in the abuse of authority.
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.
Insightful? How much is *your* freedom of speech worth?
Anonymous Cowards suck.
I'm sure it'll be justified in ways such as lost opportunities, black marks on the education record that will cause certain undergraduate schools to shy away from such as candidate, and so forth. However, the real reason is the courts smacking the school district for violating the rules, and if they were to do it again, it would be 10x as much.
Of course, the irony is that residents in the school district will ultimately foot the bill, so in essence, although the Dwyer's win, they lose as well. If the court had really wanted to serve justice, some school officials should have been given the boot today.
Rule #1 -- Politics always trumps technology.
I think this is as much a problem with society as anything else.
The article states that the school district did not show what rule was broken exactly, and had no proof of these anti-Semitic remarks they claimed were on this site (not that such things can be outlawed--first amendment).
I am of the belief that this was solely to shut him up. He was criticizing his school district, using his first amendment rights, and so long as he wasn't slandering the school district (or libel, as the case may be), that's tough. However in our society, anyone who says anything at all about anyone else is up for punishment, be it this, suspension and such, or a lawsuit.
The most the school can do is block his site within the school system using filters. IANAL, but from what I gather, their power should end right there. Especially if the site was not being updated from school, as the article indicates.
Maybe it's just me, but I'm glad to see this. I doubt it will help, but who knows, maybe it will allow for other schools to get their acts together.
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.
I disagree - I think the taxpayers are the perfect candidates to pay this fine.
After all, they voted the school board into office.
I ain't evil, I'm just good looking.
Gimmie 50 cents and I won't tell you
I mod down so you can mod up. Your welcome.
early, right out of the gate.
The school works for us, not the other way around. They may be trained as educators, but they have nothing on honest, caring, critical thinking parents where raising kids is concerned.
Most of the crap kids must endure these days is directly related to making the job easier for the educators. A noble goal, and one that I support. However, this goal must not get in the way of helping kids to learn citizenship, responsibility and ethics --along with their rights and responsibilities.
If the school does something lame with your kid, do not let it slide because the damage is minor, or resolving the issue takes time. Address it completely and fully and make sure your kid knows why this is being done and what the value is.
Often the school will want the parents to meet with the educator without the student in kind of a settlement meeting. The idea being to come to a solution that insures no educator loses face. Don't do that. If the problem involves your kid, then the discussion is fair game as well.
There are a lot of things about my school district that I don't like, and there are a lot of things I do like too. My point is they are not perfect, even though they try really hard to convey that to both kids and parents. Once they realize you see through that and require they deal fair, many issues get a lot easier as time goes on.
I'm happy this kid got to actually speak. I am also worried that he does not see the flip side of the issue; namely, that free speech has consequenses. Later in life, he might speak and be right for doing so, but might not consider the consequenses of his speech where his peers are concerned.
Who knows though. Might be a smart young man who just learned a valuable lesson early enough to really make a difference. Just worry a little that it might go to his head, that's all.
If the student is reading this: Good luck in life, young man, but be sure to think your future speech all the way through before speaking!
(Not that you did anything wrong, because you didn't. It's just that speaking out does not always equal a nice bankroll.)
Blogging because I can...
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
You snicker, but I see the Senate confirmation hearing for a future political position.
Senator: Sir, I have before me posting alledged to be by you on a computer web service referred to as slashdot. Are you familiar with that?
Nominee: Uh, yes Sir.
Senator: Are these postings labelled as from one 'FukMonkey345' yours?
Nominee: Sir I can assure you that was a long time ago.
Senator: Sir, remember you are under oath, I have evidence here that you claimed that you 'Welcome the nerd overlords?' Who are these folks?
Senator: You also stated that 'In Soviet Russia they own you'? What is this commie loving talk?
Senator: Do you have a prejudice against us old people? There are frequent references in the record to 'In Korea only old people use...'.
Senator: Finally, what did you mean when you claimed 'All you base are belong to us'?
Zero tolerance is a real bitch, and I say this from first hand experience. A school I used to go to would suspend you if you were in a fight, even if you didn't defend yourself etc. If someone jumps/mugs/etc you, you'll likely be suspended even though you yourself didn't do anything wrong.
I got so fed up with the bull shit of being jumped (I was a minority in the school and was often alienated) I just started to fight back. School is kind of like prison now, you beat someone up on the first day and they'll respect you. If you don't beat someone up on the first day, someone will beat you up and you'll be suspended regardless!
It upsets me with what's happening to what used to be a fine country. What's worse is 90% of the people don't seem to care until it's too late.
$fortune
Tomorrow has been canceled due to lack of interest.