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Student Faces Expulsion for Blog Post

ThPhox writes "A student in the Plainfield School District in New Jersey is facing expulsion from the school district for a post made on his personal blog during non school hours. From the article: "A 17-year-old student who posted on his blog site that he was being bullied and threatened by the Plainfield School District will face an expulsion hearing this week, a local attorney said.""

26 of 1,045 comments (clear)

  1. Dumbasses by c0d3h4x0r · · Score: 5, Insightful

    A 17-year-old student who posted on his blog site that he was being bullied and threatened by the Plainfield School District will face an expulsion hearing this week

    Well, if he wasn't being bullied by the school district before, he sure is now. They just proved his argument for him!

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    1. Re:Dumbasses by Rob_Warwick · · Score: 5, Funny

      In an unconfirmed report, the English teacher for this school has apologized saying that the school needed a better example of irony because the students just weren't getting it.

    2. Re:Dumbasses by Stellian · · Score: 5, Insightful
      So i could publicly accuse my hypothetical school of anything online, and no matter how bad the slur you would not expel me?

      Yes. Common sense dictates that they can only sanction you for what you do/say in school. If they feel their image has been affected they can sue you. If they feel threatened they can notify the authorities.
      However, they should not be able to unilaterally act as judge and jury of your actions outside the school.
    3. Re:Dumbasses by TrueXtremeIcon · · Score: 5, Insightful

      As the other replier to your post has mentioned, the school should not have any control on your actions OUTSIDE of school. I mean, I'm in college right now so I have a bit of experience with the internet and public high schools, but even this blows my mind. Can any of you older men/women actually sit there and imagine doing something at home outside of school time, and then getting in trouble for it in school (and I'm not talking about actual treatening things like claiming on the playground you are going to blow up the school)? The schools are overstepping their bounds. If they are going to be so totalitarian in the post-school lives of the kids, why do we even bother having parents? Why do schools sit there and try to claim "Its not our jobs, its the parents job" when at the very same time they are going to reach into the home and bypass the parents for something so innocuous as this? If the schools want this much power behind the children's lives, they might as well institute public schooling as a year long camp where the kids are forced to live on the school campus (sleep in the gym?) and completely cut the parents out of the whole equation. They can't have it both ways.

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      T-X-I
    4. Re:Dumbasses by Who235 · · Score: 5, Interesting

      Yes, in theory they should only be able to sanction you for what happens at school. in theory communism works - IN THEORY.

      When I was in high school, a mere twelve or thirteen years ago, I was suspended for a party I had when my parents were out of town because it was rumored that there was (gasp) some marijuana there.

      To their credit, my parents went to bat for me, saying it was none of the school's goddamned business what I did outside of school hours. They were royally pissed off at me, but they understood that the school's underlying premise was flawed and stupid.

      To make a long story short, the suspension was cut in half as a compromise.

      If the system wants to fuck you, it will find some excuse. It's a lesson I learned young, and a lesson that kid in New Jersey is learning now. I feel sorry for him, and I hope it turns out well for him. Hopefully the media coverage will cow the school enough that they back down, but they will probably find some absurd reason to press on.

    5. Re:Dumbasses by plague3106 · · Score: 5, Informative

      Slander, liable speech, defamation of character

      FWI, you can't be found guilty of any of these things unless the other party proves they were somehow harmed by the slander or liable speech. If they can't prove it, you can still say it, even though its not true.

      conspiracy

      I believe most conspircy laws state that you must go beyond talking; you actually have to take some step to executing your conspircy.

      Same goes for the infamous desire to yell fire in a crowded theater when there is no fire!

      Search Wikipedia for this; there are some interesting facts. FWIW, it shouldn't be the act of yelling fire that should be illegal; causing panic, wasting emergency responders' time, etc. is what should be illegal. I know, I'm splitting hairs, but I think its important to make the distinction so we don't undermine the right to free speech.

    6. Re:Dumbasses by Ohreally_factor · · Score: 5, Funny

      But there's a significant difference in what [you] (allegedly) did and what this kid did. If you were involved at all with the posession or sale of marijuana, that is a criminal activity. What this kid did, writing down his vulgar, but non-threatening opinions of the school is not criminal. It is, in fact, constitutionally protected.

      1. There is no significant difference. In both cases, the school is overstepping its bounds, involving itself in matters way beyond its purview.

      1.a A rumor of criminal activity isn't sufficient for criminal conviction in a court of law. Why should it be sufficient for a school?

      2. The Right to Party is protected by the Constitution. Please refer to the famous case Beastie Boys v. Your Mom, in which the Supreme Court ruled that your mom does not have the right to throw away your best porno mag.

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      It's not offtopic, dumbass. It's orthogonal.
  2. Wasting money and time by tknn · · Score: 5, Insightful

    Hopefully the school board settles quickly and cans the people. Last thing they want to do is lose all that money they are going to in a clear-cut 1st amendment case....

    1. Re:Wasting money and time by Karl+Cocknozzle · · Score: 5, Insightful
      Here's the post, FYI:
      you are bully's. I feel threatened by you. if you don't like what you see here then do not come here its that simple. I'm pretty sure when you suspended Sam you brought her to tears, you are a bully and you make me sick. there's nothing you can do about us posting about parties we've been to and how much liquor we had or how much pot was smoked, the police need to do a better job, you are not the police. and how is it that you feel threatened what was said that was so threatening. I feel threatened by you, I cant even have a public web page with out you bullying me and telling me what has to be removed. where is this freedom of speech that this government is sworn to uphold? none of this is posted at school, its all posted from our home computers, and once we step foot into our homes we are not on school property any more. you are just power hungry, don't you ever think? did you stop to think that maybe this will make parents angry that you are bullying their children around? did you ever stop to think that maybe now you really are going to have a threat on your hands now that you have just pissed off kids for voicing their opinions? did you ever stop to think this will start a community backlash? The kids at Columbine did what they did because they were bullied. In my opinion you are the real threat here. None of us ever put in our xanga's that they were going to kill or bring harm to any one. we voiced our opinions. you are the real threat here. you are depriving us of our right to learn. now stick that in your pipe and smoke it.

      Bold/italic emphasis mine, since this is probably the part that allowed the small-minded administrators at the school to take action... Since when is BRINGING UP Columbine automatically a veiled threat? In the context of a threatening message, it could be considered that, certainly. Yet, if you read it in context here it doesn't seem threatening at all. It seems like a statement of fact: The kids at Columbine were bullied, and there's very little difference between bullying committed by students as opposed to faculty/staff. Telling somebody to shut up for criticizing you could be described as bullying...

      Certainly, what he has written here is not fine literature, but hardly a "Veiled threat." He was, inartfully, making the point that by punishing students for blog posts in order to "protect the kids" the school administration might, ironically, be creating the very problem it seeks to prevent. He explicitly says they didn't intend to threaten anybody, simply posting reactions to events from their own lives as an act of free expression.

      This is a clear over-reach by the school system--He didn't post the page from school on their computer or internet connection, he did it from home. Further, other media sources have indicated that Xanga/MySpace/Friendster (the "social networking" sites) aren't accessible from the school, so there is no chance of this kid's web-site being "disruptive to the educational process," which was the last standard I am aware of for determining whether a school can abridge student civili rights or not. The school's claim that the message was threatening is dubious at best when taken in context.

      It seems more likely that some administrators came down hard on somebody this person knew, and he wrote a scathing (in its own way) response that depicts those administrators as ogres. Instead of disrupting the school with a protest, he went home and wrote constitutionally protected editorial article on his web-site. Administrators decided to further-overreact by suspending him and threatening expulsion. Now they're really up shit creek, because if they back down they're "caving" in the eyes of everybody because of the previous hardline stance they've taken. If they go forward and expel him, it essentially validates everything in the kid's post--that they are taking away kids educational opportunities.
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      Who did what now?
  3. Nothing New by slifox · · Score: 5, Insightful

    This is nothing new. Most schools, even in areas that are highly "liberal," try to control their students' thoughts and actions to the point of extreme.

    Illinois state law says that schools are allowed to act in the best interest of a student, as a parent when the parent is not around (ie, during school days). It does not say schools can discipline students for their thoughts and actions outside of school and not during school time. However, schools are taking it upon themselves to do this regardless.

    I find depriving a student of his 1st ammendment rights or his education not in his "best interest."

    This must stop. The only way it will happen is having cases like this go to court, and schools finally exposed for what they are doing.

    1. Re:Nothing New by EvanED · · Score: 5, Insightful

      He's not being deprived of his right to free speech, he's learning an important lesson about being responsible for his public statements. He has a right to say what he wants; they have a right to kick him out.

      No, they don't.

      The First Amendment, as extended through the Fourteenth and interpreted by the Supreme Court, bars government institutions from punishing or rewarding anyone on the basis of almost all speech. Note that the school in question is a public school, and thus is a government institution and bound by that law.

    2. Re:Nothing New by tob · · Score: 5, Interesting
      I find depriving a student of his 1st ammendment rights or his education not in his "best interest."


      Actually it is. There's nothing that will teach students the importance of civil liberties the way a case like this does.

      In my high school there was an official school paper (De Tand) that toed the party line. Students started producing their own paper(Bernrode Actueel), but after some criticism of teachers were forbidden to hand them out in school. They just started handing them out just outside the school gates. A few years later Bernrode Actueel replaced De Tand, and to the best of my knowledge it still has that place, 20 years later.

      Stuff like that has taught me a lot about the world in a setting that is relatively safe.

      Regards,
      Tob
  4. Compared to overseas by ajdlinux · · Score: 5, Informative

    What is it with Americans and expulsion? Here in Australia if someone gets expelled it is because they have done something absolutely crazy that in America probably would have them in prison or something like that, e.g. bashing up other students. Even something like swearing in front of the teacher, depending on the school, may only get you suspended.

  5. I know where this mentality comes from by aurelito · · Score: 5, Interesting

    I can't imagine things have changed drastically since I graduated from high school four years ago. Our staff was afflicted with the worst type of technology paranoia. They couldn't really grasp the size of the internet; they could only understand electronic media as analogous to print, which -- given the popularity of "the internet" meant that publishing something unflattering about your school on the web was (to them) tantamount to taking a full page ad in the New York Times. These people _are_ bullies! They're afraid of the internet, so they'll compensate with administrative brawn.

  6. Left and Right -- The Odd Couple by DumbSwede · · Score: 5, Insightful

    We likely don't know all the facts to this story, things can sound very clear cut depending on how you synopsize them, however I think blogs will eventually have to be considered as something between public and private. Various organizations will have to be banned from acting based on any information obtained from them -- perhaps even banned from actively searching them out without legal cause.

    Odd how these threats to basic rights seem to come from the Left and the Right equally. Nobody in the extreme can ever stand dissenting opinion.

  7. Power by massivefoot · · Score: 5, Insightful

    I think the problem here is power. During school hours a student is of course a student has to be expected to obey school rules, conform to standards of behaviour, respect staff etc. Unfortunately, the teachers at this school appear to have got it into their heads that this includes complete control over the student's communications. I remember at my old highschool our headteacher once suspended a pupil for having a mohican haircut, despite the school's published unifrom code stating nothing about haircuts. When parents complained she didn't seem to understand why anyone objected to her making up and enforcing rules at will.

    The student should be commended for what he did. If he is genuinely being "threatened" and "bullied" by his school then he not only had a right but something of a duty to inform others of that, and yes, he should be in court, but as a plaintiff, not a defendant.

  8. Re:schools don't offer "rights" per se. by EvanED · · Score: 5, Insightful

    This is legal. Schools are allowed to have dress codes. Schools are allowed to decide what constitutes "non-disruptive" activity to the learning environment.

    But schools CAN'T dictate what dress the students wear at home, and can't dictate what constitutes "non-disruptive" activity when they are sitting at their dinner tables with their families. ...his statement (especially with a veiled threat in the name of the Columbine assholes) exudes attitude.

    My reading is that the Columbine post was posted AFTER the school threatened expulsion, though the article is very unclear.

    In my opinion (only) I think it's disruptive.

    How so?

    In what way does a post on a website that probably can't be visited on school property disrupt classroom activity?

  9. Re:How exactly is this a 1st amendment case? by jginspace · · Score: 5, Informative
    When off campus however is where the arguments are coming up these days

    An example:

    Yohnka said the courts have put strict limitations on students' freedom of speech within the schools. But districts need to be mindful of students' rights when they are outside the school, saying there are school districts overstepping their boundaries by trying to discipline students for behavior outside school hours.

    A Pennsylvania student won a case that involved a suspension for his private blog that critiqued his principal's dress habits, speech and other matters.

    "Ultimately the principal attempted to punish him, the kid ended up challenging the suspension," Yohnka said. "The court reversed the suspension saying essentially the kid had the right to comment in any way anyone else would outside of the school.

    From: http://www.webstreetcafe.com/news/4_1_JO23_FREESPE ECH_S1.htm

    Everything he did he did outside of school. He used a computer from home. He used an account he created from home what was clear it was a personal activity," Yohnka said.
  10. Wildly Wrong, Probably Unconstitutional by egarland · · Score: 5, Insightful

    I'm all for schools teaching kids good behavior but there are a few things they do that are both wrong and just plain illegal. Things schools should keep in mind:

    Schools are mandatory. School attendance is not optional in the US. Kids have to go. There are a few who have the means to attend alternatives but those who don't are forced to attend public schools no matter what.

    Schools are part of the government. Like police and judges our schools are government bodies. You can not give schools the ability to force the removal of fundamental rights. Judges can't. Police can't. Schools *MUST* be bound by the bill of rights including the right to free speech. They don't have the right to take that away much like they don't have the right to take your life away (forget detention.. you're going to the gas chamber.) You could argue that schools should be allowed to control speech in school creating short periods of time when their rights are suspended, although it's probably a bad idea. To say they have the ability to remove fundamental rights from people altogether is completely ludicrous. No federal, state or local government body can have that power. Granted, the bill of rights only specifically mentions federal government, the trend lately seems to be ruling that the 14'th amendment extends the bill of rights to state and local government. This would include schools.

    The other thing that it's important to note is that speech restriction is essentially creating thought crimes and the effects are usually precisely the opposite of what was intended. Discouraging open exchange only worsens the problem that we are trying to ignore or make invisible. The first amendment exists for this reason and it's for this reason we should defend it absolutely without question always. Everyone has a right to be heard.

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    set softtabstop=4 shiftwidth=4 expandtab nocp worlddomination
  11. Re:bullies by laughingcoyote · · Score: 5, Insightful

    Maybe this is a good lesson on how the world works (as a previous poster mentioned).

    How about this lesson? "This is how it is" does not mean "This is how it should be".

    Strange, I never seemed to get taught that in school either.

    --
    To fight the war on terror, stop being afraid.
  12. I work at a high school by MadMacSkillz · · Score: 5, Interesting
    I work at a high school as a Network Administrator and I have three things to say.

    1. The school can't suspend a student for what they say in a blog, UNLESS the student was using a school computer during school time to do the blog. If he wasn't, they can't probably legally do anything unless the student's charges are disprovable, in which case they could sue him for libel, maybe.

    2. It IS true that schools do NOT fully understand the Internet and they ARE afraid of it. In many cases they are overreacting to issues such as kids talking to each other on myspace. But part of the reason for that is that if a kid were to get into trouble outside of school because of something they read or did on myspace on a school computer, the parents would attempt to sue the school. Folks are really quick to point blame the schools for their kids making stupid decisions.

    3. It's popular to hate schools and teachers here on slashdot, and I didn't really think too highly of my high school education either, but really most of the people I work with care about their jobs, and they're good people. I feel sorry for them, because they teach all the students - not just the bright, well behaved ones but also the obnoxious surly defiant unthankful disrespectful teens who think they know everything and don't care about anyone but themselves. They know that this stage of life is notorious for testing boundries and rebelling against authority. And they come into work each day and do the best they can, most of the folks. Most of the people here on slashdot couldn't do their job for a week without running home and crying into their huggy pillow. Blame the curriculum, or blame the bad teachers, but please don't lump all teachers into that category. Seeing posts saying all teachers suck get moderated high makes those of us here who are mature just sorta shake our heads. Slashdot readers and mods will argue for logic in one sentence and fail to apply it in the next.

    --
    Music - www.richardmac.com
  13. Re:Organizations behave like this... by BakaHoushi · · Score: 5, Funny

    The Freedom-Fighter in me wants to hug this girl for speaking the truth, but the English teacher in me wants to strangle her. I mean, seriously, mi instead of my? Is it really that hard to move your finger two keys over?

  14. Re:How exactly is this a 1st amendment case? by BakaHoushi · · Score: 5, Insightful

    I'm glad that decision was overturned, or think of the message it sends:

    At home, you can call the president a Nazi. You can mock spiritual leaders all you want. But for Christ's sake, don't say your school principal wears a dumb looking suit.

  15. School systems empower the bullies by JumperCable · · Score: 5, Insightful

    Hands down, across the board school systems have always empowered the bullies. And anyone who is bullied who tries to do something about it gets victimized twice over.

    Schools, the press & the public are so concerned over issues like Columbine that they still just don't get it. These poor kids keep on getting abused over & over again. The teachers won't do anything, the principal won't do anything even when you bring it to their attention.

    Being at the bottom of the pecking order at school, no one ever told me it was OK to fight back (except for one gym teacher & that was later in my school career when. I was afraid I would get in trouble. Which I would have, but the end result would have been better. Back then I didn't have the perspective that a detention here or there would not have been that big of a deal. It certainly doesn't faze the bullies.

    If you are young & in school & being bullied. Here is what I suggest:
    1. First stop go ahead & tell a teacher & your parents.
    2. If that teacher does nothing, tell another teacher. Keep on telling all the teachers you have until one listens to you.
    3. If that fails, tell the principal.
    4. If that fails & you go to a religious school tell the pastor, rabbi, priest or whomever is in charge of the congregation. This is essentially going up the chain of command.
    5. If you are being physically assaulted in any way off of school grounds & the school does nothing call the cops. The cops might try to blow you off, but insist on filing an assault complaint. Do the same if the assault occurs on school ground and the school refuses do anything about it.
    6. Keep a log of the abuse. Who you told about it & what that person did about it if anything.
    7. If you have run through all these options, start fighting back against physical abuse. Yes. You will get in trouble. But bullies prefer to go after the ones who don't fight back. You will probably get pummeled. Just make sure you get in a good right hook. Try not to be a spaze. Bullies love to get a reaction out of you.
    8. Don't become the bully yourself. Fight back is defense, not offense.
    9. Consider some self-defense classes (For defense, don't become the aggressor). Bullies will pass you over for easier targets.
    10. Do something about your social awkwardness. Get involved with some clubs. Being social is a skill to learn. Bullies prefer victims who don't have friends. Boy scouts, soccer, gaming clubs, archery, swimming, find a way to interact with more people. You'll get better at it.
    11. Keep in mind that you will grow out of this. As people get older, they tend to appreciate other's differences. What made you the bottom of the gene pool in grade school will probably be really cool in college.

  16. Harvard? by GungaDan · · Score: 5, Funny

    He need not write well. He just needs to learn to plagiarize.

    --
    Eloi are stupid, throw morlocks at them!
  17. Re:Depends... by jdbear · · Score: 5, Insightful

    You know, that may not entirely be true. I come from a very poor family. My grandparents were sharecroppers (they worked other people's land for a share of the yeild) and my parents struggled to make ends meet. We were evicted from a half a dozen homes, and moved from a dozen or so before we could be evicted, because we could not pay the rent. I clearly remember wondering if we were going to eat on Christmas (much less get any presents,) one year.

    Still, even with alcoholism, prescription drug addiction, infidelity and the inability to keep jobs, my family worked it's way out of poverty to a decent middle-class life.

    My sister left home at 15, got pregnant by 17 by a resident-alien (here legally, but not a citizen,) and was married and divorced before the baby was a year old. That baby is now 16, is an honor student at a decent high school, dances classical ballet, tap, jazz, etc, and was awarded the "best student of her year" by her principal last week.

    With a little hard work and some principles, anyone can work his way out of poverty and into a decent life. Children who are cared for and taught the right principles can excel, even in public schools.

    I ended up joining the armed forces, then getting out and using the Montgomery GI bill to go to school. I'm now a professional with a Masters degree, earning a six figure income and have a bright future ahead of me. Don't say the poor are being univerisally exploited by the rich. They are being held back by their own habits.

    America is the land of opportunity, where anyone can be rich. No one is going to hand it to you, it takes hard work and perseverance, and a clear understanding that one's choices define one's circumstances, not the other way around.

    It's true that it's harder for someone with no resources to climb out of poverty. I'm not claiming that isn't. Also, I acknowlege that there are plenty of soft rich kids out there who will do just fine because they had every advantage given to them. Also, I will be a working stiff all of my life, where some people will get to dabble in whatever suits their fancy because Daddy gave them an huge inheritance.

    All of that having been said, there is some truth in the statement, "The rich are getting richer because they are doing those things that made them rich, while the poor are getting poorer because they continue to do those things that made them poor."

    There is a growing descrepancy between the rich and the poor in this country, but it is NOT because the poor are getting poorer. The poor are not any more poor than they were in the 1930's, the 1940's or the 1950's. In fact, when was the last time anyone has seen mass starvation in the US? People boiling their shoes for the leather? The biggest problems among the "poor" in America seem to be obesity and drug use.

    The rich are getting richer, and it is primarily because they can invest their money in business, and the value of business is growing. Their investments grow, so EVERYONE who has invested in them gets richer. That includes people in the lower middle class who invest what little they can, and the "merchant class" who own small businesses or farms.

    When someone comes to me and says, "the poor are only poor because the rich made them that way" they are also saying, "anyone who has achieved a comfortable life is evil, because they are repressing the poor." Does this mean that all of my hard work and sacrifice have been a sham, and I'm really part of a secret conspiracy to exploit the innocent poor? I beg to differ. We have to get away from cult of the repressed, and start encouraging "the poor" to do those things that will make them more productive and more comfortable.

    In an ideal world, we would not have a "poor" class. We would have a baseline of people who live a simple, yet comfortable life and a rising level of families who strive for more. We would stop using the word "poor" to describe an economic status, because it would be recognized that the people in the lower income bracket (in our ideal world) are content with the level of income they make, or are just beginning their climb to higher incomes and a more expensive lifestyle.

    --
    If you're not living on the edge, you're taking up too much space.