MySpace is Free Speech, Case Overturned
eldavojohn writes "The Indiana Court of Appeals has ruled that a judge violated the constitution after placing a juvenile on probation for an expletive laden MySpace entry on the principal. The court decided that the juvenile's free speech rights had been unconstitutionally revoked, and the original judge had suppressed politically motivated free speech since the comments were directly attacking school policy. I think we are starting to see a fine line develop online as it did with print — bullying & slander are punishable while we have to allow criticism of ideas no matter how harsh it is."
I think this deals more with the broader issue of whether schools can regulate or impose disciplinary actions related to a studen's off-campus activities. While it's long been shown that when students are on campus, they surrender a number of their constitutional rights (free speech, search and seizure, right to bear arms, etc.), the courts seem to be recognizing that just being a student doesn't make you a second class-citizen 24/7. And that has broader implications than just online activities.
- Greg
Start a happiness pandemic
It's too bad there's no fair way to clearly define that thin grey line, and it has to be taken on a case-by-case basis (Unless there's some method I'm missing).
The inefficiency of real justice is aggravating.
I still remember what it was like to be a teenager, and one of the most frustrating things about it is the feeling of being disenfranchised. I don't think personal attacks and bullying are okay, and I recognize that the Internet is being used more and more frequently for this type of activity, but teenagers still need to feel like they have a voice.
The original case accused the girl in question of identity theft, because the page she posted on was supposed to be the Principal's page (it was created by someone else entirely). When all that was said and done, they had to save face somehow, and so prosecuted the person and declared her delinquent for being "obscene". Counter damages perhaps? I would sooooooooo go after them for that.
The rant was also not about the principal, but rather about school policy regarding body piercings. Oh how many times I was suspended for criticizing school policy, and faculty for stupidity. Although in some cases, motivating the student body to protest can be helpful. My high school once told us we couldn't bring our purses to school. 2 days of every girl in the school using tampons for hair rollers fixed that one. On the other hand, those of us who organized that, were suspended for a week for insubordination.
I love seeing cases like this stick it to the man. It's sad that the Constitution so often (aside from being trampled daily) doesn't seem to apply to anyone under the age of 18. With the advent of the internet, however, and online social societies of their own, teens seem to be able to fight for a few more rights, and correct a few more injustices than they were able to even just 10 years ago. That's a great thought. Bolstered by victories now, perhaps the next generation will be less inclined to just roll over while their rights are trampled on than the current generation.
Time will tell.
They tend to get away with it because rightly are wrongly the schools invoke the Safe Schools Act when suppressing speech/activities outside the physical school environment.
The Safe Schools Act is to school age children what the Patriot Act is to the common citizenry.
Civics. You fail it.
Please read http://en.wikipedia.org/wiki/Inalienable_rights. If you do not agree to one of the founding ideas of our country, you are welcome to the door.
I think part of what you are experiencing is the natural progression from the apparent total freedom a child experiences to the much more restrictive life of an adult. All teens go through this. Its part of what drives teens to break away from the home and live an independent adult life.
You may respond "what restrictive adult life" but its true. We adults may appear more free than you (and in many respects we are), but we are burdened with self-imposed restrictions, societally imposed restrictions, burdens of responsibility etc that can strongly curtail that apparent freedom we have.
I recall that I was frustrated by visions of adults having the "Freedom" to drink, drive (not necessarily together), and all sorts of other fun stuff that I couldn't do. But, you know what, now that I'm an adult, I realise that those are largely the only freedoms we have that are worth anything. Free speech be damned, give me a beer and a woman!
man, I feel like mold.
You will do as you're told till you're 18. Now get off the interweb!
Free speech be damned, give me a beer and a woman! Rarely has the current American public sentiment been so concisely put.
The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
MySpeech is a communciations method. You can use it in keeping with the First Amendment, or you can use it outside of those very real bounds. Saying "MySpace is Free Speech" is like saying "the sounds coming out of your mouth are Free Speech." Well, yeah, unless they're not. As in slander, fraud, incitement, conspiracy, threats, etc.
Don't disappoint your bird dog. Go to the range.
I have long been an advocate of children's/teens rights. They have thoughts, ideas and opinions like adults and have as much, if not more, to gain or lose from the decisions made. In regards to the US:
/random thoughts.... and probably unorganized
//should probably get back to work
///did not proofread :)
-We have and do prosecute children/teens as adults.
-Spend social security.
-Go to war.
-Enact laws on education. (including college funding and rules).
-Many states allow driving at 16.
-Some states consider 17 to be a legal adult.
The decisions we make can have very big impacts and yet we give no voice to children/teens? Why??? What could we do??
-Lower the voting age.
-Create children/teen lobbyist or activist groups.
I have yet to hear a good argument why we can't make these things happen. Why young adults/children/teens can't have more of a say.
If we can prosecute a teen as an adult then they should have a voice on how the laws impact their lives.
I welcome ideas...
Internet use: You fail it.
You were clearly flamebaited.
From your link:
BTW, if someone disagrees to the principle our diest founding fathers stated, they are welcome to do so. Expressing ones opinion is no reason to show them the door. In fact, it is directly against what you think you are fighting for.
Truly ironic.
doG oN!
The Kruger Dunning explains most post on
The speech occurred off campus and wasn't illegal. Punishing the student for it was a violation of the US Constitution, and the judge ruled accordingly. Too bad the original district judge was too stupid to realize that.
While I agree that "being an adult" has many self-imposed restrictions (paying bills, holding down a job, taking care of dependents, being reliable, etc.), I have to disagree that an adult has less freedom than a teenager in high-school.
Frankly, alot of high-school was learning to fit into a mold (both for your peers and teachers), and following rules. Yes, to a certain extent you have to deal with those kinds of rules in "real life," but frankly I feel much more free and empowered now as an adult than I ever did as a teenager.
Part of it is financial independence, of course. But there's also much less fear of "not fitting in" or whatever. I mean, in high-school I would never mention to people that I played tabletop RPGs in my free time. Now, as an adult, I really don't care who knows (even though it is even less "normal" for an adult to play RPGs...). The restrictions of jobs and rent are nothing compared to the restrictions of high-school (and, for some people, their parents). Moreover, the very fact that these restrictions are self-imposed makes a huge difference.
All I can say to readers who are still stuck in High-School is: "Don't worry... Life gets better!"
From MTV News:
One of the students named in the suit, Justin Layshock, 19, allegedly created an account in Trosch's name, in which he's described as "a big steroid freak" and "too drunk to remember" his birthday. The profile also suggested that Trosch smoked marijuana and kept a keg of beer behind his desk.
A different profile, created by student Thomas Cooper, also claimed Trosch was a fan of pornography, while a third, the work of brothers Brendan and Christopher Gebhart, depicted more graphic activities.
The fake profiles "went far and beyond what you would see on a bathroom wall in a school," Trosch's lawyer, John E. Quinn, told the AP. He added that the person behind a fourth MySpace profile, which he called "the most graphic and lurid of them all," has not yet been identified, but would be a party to the action if and when the person is.
Although I am for freedom of speech, this looks more like diffamation, I am sure that the myspace page about this girl has nothing to do with this case.
Although it is not related, I was wondering if you would agree that creating such a fake page could be categorized as diffamation and should be condemned, which is what Zonk is saying at the top of this page.
Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
At my high school a friend of mine was expelled his sophomore year for posting "hurtful" comments about a teacher on his blog. They expelled him based on precedent, or so said the school board. So apparently it has happened before. I hope this ruling will lead to some changes in other places.
Catch-all laws like that annoy me, even if they were originally well meant.
-b.
The REAL irony is you yourself got superflamebaited! fantastical.
Cheers.
This is my sig. There are many like it, but this one is mine.
Except when we get in trouble. Then we will be tried as adults, and receive the maximum sentence for our heinous crimes against the ruling elite.
Seriously though, I have seen teenagers arrested, tried, (and punished) as adults for ticky tack offences you couldn't sucessfuly charge an adult for. Underage drinking (and voting) are punishable by law, but killing and dying is okay if you are in a combat zone.
But you are right; teenagers are a drain on society, along with the poor and disenfranchised.
You are where you are at the time you are there.
"Hey you piece of greencastle shit. What the fuck do you think of me [now] that you can['t] control me? Huh? Ha ha ha guess what I'll wear my fucking piercings all day long and to school and you can['t] do shit about it! Ha ha fucking ha! Stupid bastard! Oh and kudos to whomever made this ([I'm] pretty sure I know who). Get a background." Wow, to think that the principal became so enraged at this girls posting as to send her off to court! What a wimp! And guess what... She was right and WON!! NEENER NEENER!
I've read Slashdot for the last 5 years, and now I start posting... Go figure
Adult life restrictive? I don't get how anyone can possibly be nostalgic about teenage life. It is all obligations and no rewards. You have far more responsibilies and obligations as a teen than as an adult. Basically as an adult I have to go to work and pay my bills (and this time of year, my taxes). And my bills actually get paid automatically, I just need to insure that my bank account stays topped off, so really doing my job is my only responsibility.
That would be the job that I can leave anytime I want if I find a job that's more to my liking. The one that I choose because I liked to technical and work/lifestyle aspects of. The one that pays me huge gobs of money because I once threatened to leave and work for the competition.
As a teenager, you have to go to school (under threat of criminal prosecution), do all your homework, do whatever chores your parents randomly assign, go to whatever lame weddings/reunions/family trips/etc. your parents randomly force on you. And for this you get no pay, own no property (except what your parents charitably give you, which they take away randomly) and you have to live with uncofortable relationships with your family that you can't leave or renegotiate in a house of their choosing in a city chosen for thier work/lifestyle ideals.
Screw all that! In the 16+ years since I turned 18, life just gets better and better. I live in a house that I chose, in a location that I chose, maintain what relationships I feel are worthwhile (which includes my parents, its much easier to live with them when I don't have to literally live with them), clean my home when I feel the mess bothers me more than the effort to clean it, own whatever property is valuable enough to me; all paid for by the job I chose under the conditions that I negotiated (and re-negotiated) from a position of strength.
I just don't see anything good about life as a teenager, which was living under constant threat of random punishment for not doing meaningless things you should never have to do in the first place. And getting nothing for it.
I am 16 years old...
Quick back of envelope calculation: I joined slashdot in late 1999 and got #316896. I think membership is now up to 1.1 million. Assuming (perhaps wrongly) a linear rate of member accrual, I think that puts your number of 566938 at about five years ago... which would mean you started reading slashdot when you were 11. That rocks! :)
- First they ignore you, then they laugh at you, then ???, then profit.