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School District Threatens Suit Over Parent's Blog

penguin_dance writes "A Texas School District is threatening to sue a parent over what it terms 'libelous material' or other 'legally offensive' postings on her web site and are demanding their removal. Web site owner Sandra Tetley says they're just opinions. The legal firm sending the demand cited 16 items, half posted by Tetley, the rest by anonymous commentators to her blog. The alleged libelous postings 'accuse Superintendent Lynne Cleveland, trustees and administrators of lying, manipulation, falsifying budget numbers, using their positions for "personal gain," violating the Open Meetings Act and spying on employees, among other things.' The problem for the district is that previous courts have ruled that governments can't sue for libel. So now, in a follow-up story, the lawyers say the firm 'would file a suit on behalf of administrators in their official capacities and individual board members. The suit, however, would be funded from the district's budget.' So far, Tetley hasn't backed down, although she said she'll 'consult with her attorneys before deciding what, if anything, to delete.'"

291 comments

  1. Easy by dkf · · Score: 1

    Delete the part where you ask them to not eat your shorts. Then add a bit saying "see you in court". And get ready with the counter-suit.

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
    1. Re:Easy by Mike89 · · Score: 4, Interesting

      Sorry to comment-jack, but I think you guys here on Slashdot will be interested in this, it's the first chance I've really had to discuss it, and it's extremely relevant to this thread.

      Sorry in advance that it's poorly written, my brains frazzled from studying and I don't have time to plan it properly.

      About 6 weeks ago I was 'removed' from my school (in Victoria, Australia) for writing a blog. I'm eighteen, doing my VCE (Year 12) and two days after writing it my Mum was called and asked to bring me in (and asked to pull me out of work specifically for it.. she didn't, so they waited at the school until seven so that they could do it that night).

      The blog in question was satirical, and made fun of numerous things about the school (spending so much on toilets when they're still so crap, our health teachers poor understanding of some contraception methods, the fact we put had 'annual festivities' to impress visitors from Japan, my new VET Multimedia teachers, a picture of a condom found on the floor in the Year 7-9 toilets (12 to 15)). I named some names (of the teachers, and one student who made a webpage which received an award despite coming straight out of 1995). I realise in retrospect I did a lot of things wrong, but hear me out.

      I was told, in the 'meeting', that I was not to come back to school. Clear my locker out and leave. She (the principal) would 'speak to the region' and I'd probably get transferred. I had 4 weeks to go, then exams. Excluding holidays. In the first week, nothing was done, we waited to find out what was happening (heard very little). Then 2 weeks of holidays (which of course no-one works), then the next week we were told I'd be sitting my SACs at my house (with teacher supervision) and doing my exams at another school 30 km away. In the meeting, I'd offered EVERYTHING to keep myself there. I apologised, my Mum tried to get her to address the more pressing concerns in the blog (neither of my VET Multimedia teachers were qualified to teach the course), but she ignored this. I was told to take the blog down or they'd speak to their legal team (apparently some parts were defammatory).

      In the end, I was able to contact my teachers - through her.. A very slow process. Now, it's exam time. I've done alright so far, but my ENTER score is seriously going to suffer from the fact I missed out on the most crucial part of the year. Does the school care? No. The Department of Education said that her actions were completely reasonable.. This is despite the fact she was also mentioned in said blog, as the handicap parking spot in the car park was removed and, ala, a spot for her showed up :).

      So, this isn't the first case. Oh, and wish me luck with my exam tomorrow..

      If you want to ask questions, just reply here and I'll answer them. Don't waste your time flaming me, I realise in retrospect to watch what you say online, but come on.. it was meant for a cheap laugh, and my serious attempts to address the issues were ignored. It was a creative outlet for me and it's seriously affected my future.. alas, I have no recourse it'd seem. Also, anyone who commented on the blog was banned from all Year 12 events - Muck up day, valedictory (graudation) dinner, etc.

      Australia.. so much for a free country.

    2. Re:Easy by Mike89 · · Score: 3, Interesting

      Note: I should point out.. I'm aware Australia doesn't have freedom of speech laws. Also, I was a grade A student (for most things), and my final mark will still go on my previous schools records.. so really, they haven't lost out at all.

      Oh, and one of the unqualified multimedia teachers ended up not being at school the next day - she (unsurprisingly) had a Professional Development day. Apparently they were completing their Multimedia certificate to be qualified to teach, but weren't legally allowed to yet. The teachers also didn't realise they had to keep copies of assessment work - all of our work was deleted 'upon review', to 'make it easier' for the teacher (because, you know, he couldn't move it to a "Been Marked" folder) - this came up when I asked him why I'd lost marks.. he told me he didn't know because my work was deleted weeks ago.

    3. Re:Easy by bombastinator · · Score: 4, Informative

      Timer to hire a lawyer.

      I don't know much about Australian law, but I suspect that if the local press is not somehow denied access to the site, merely threatening to sue them anyway even if you don't have a case will likely garner you enough press time to embarrass them a lot more than the website.

      They may allow you back in or to retake the test in simple self defense. You will likely be seeing some hardball. The accusations on your site can be enough to keep an elected official out of office or get a superintendent fired. Again consult the lawyer first, but pointing out that it will get into the local news may cause a really amazing effect.

      Also don't assume that t6hey are necessarily telling you the truth about what is defamatory and what is not. A lot of that stuff is opinion and not thier opinion to boot.

    4. Re:Easy by Mike89 · · Score: 2, Informative

      They may allow you back in or to retake the test in simple self defense. You will likely be seeing some hardball. The accusations on your site can be enough to keep an elected official out of office or get a superintendent fired. Again consult the lawyer first, but pointing out that it will get into the local news may cause a really amazing effect.
      They're not letting me back in, school is already over. The exams are already in progress.. it all happened at the worst possible time. Also, there was libel in one portion - I relayed on the fact several people call one of the teachers a pedophile (In the opinion of many people, he's the creepy teacher.. A lot of my female friends have told me tales of him 'perving' on them on free dress days). My 'accusation' was meant in jest (It was more satire of the fact people call him a pedophile, which is over the top, but at the same time going the other way), but it could still be construed as libel if they wished.
    5. Re:Easy by Da+Fokka · · Score: 4, Insightful

      You have to understand that the actions of your school against your are the result of their fear of negative publicity. Use this to your advantage. It looks like some of your criticism was legitimate. Contact your local newspaper and tell them about the issues you have. You have a right to proper education and if you are being denied that right, you have the right to tell people about the main reasons you are not getting the education you deserve.

    6. Re:Easy by Antony-Kyre · · Score: 3, Funny

      In my opinion, there is a fine line between opinion and libel. For example, if you have "in my opinion" in what you're saying, then that makes it an opinion, in my opinion. However, I may be wrong, but I don't feel wrong, in my opinion.

      If what you mentioned contained libel, then this probably won't work. But in my opinion, if it weren't for the libel, I would personally consider suing. All you need is to document the financial loss you incurred when they harassed you, assuming it is considered harassment, which I won't say whether or not they did.

    7. Re:Easy by adri · · Score: 1

      Hi, I'm in Australia and I'm slightly older than you (28).

      I'd suggest writing a letter to your local representative and to the local and state newspapers. Write, write, write. Explain your situation, explain how you were treated.

    8. Re:Easy by Mike89 · · Score: 1

      Hi, I'm in Australia and I'm slightly older than you (28).

      I'd suggest writing a letter to your local representative and to the local and state newspapers. Write, write, write. Explain your situation, explain how you were treated.

      Thanks for the advice :). I was considering doing this, had to wait until I was certain I'd be allowed to sit exams first (I believe they could've expelled me entirely, and because 'mirrors' of the blog kept popping up [People had printed it out to show their parents], this was sort've implied).

      The thing is, couldn't I get a bad name for myself out of this? I am fine with the entire piece except the line stating that we (the students) suspect a teacher is a pedophile (as explained in one of my other replies). If I push this, could they push back?
    9. Re:Easy by ud+plasmo · · Score: 1

      hey im from melbourne as well. where bout are you located at lol? i suggest you should contact your local newspaper and write write write :)

      --
      Norris Normal - Who am I?
    10. Re:Easy by Anonymous Coward · · Score: 1, Interesting

      I was a year 12 student at a Queensland high school last year, and it is becoming quite clear the state of Australian schools is declining. We had a teacher, who like yours, was unqualified to teach us, even if he was a substitute. The students of my class didn't mind too much because he was only a temp, right up until he made a 40 minute phone call during one of our classes on his mobile, without even leaving the classroom. We tried to talk to the principal but anyone who questioned a teacher was threatened with instant suspension.

    11. Re:Easy by Mike89 · · Score: 1

      Frankston sort of area. Yourself?

    12. Re:Easy by Peet42 · · Score: 0, Troll

      I relayed on the fact several people call one of the teachers a pedophile


      If it comes to court, remember to point out that a "pedophile" is a foot fetishist. I'm guessing you meant a "paedophile", but luckily for you you got it wrong. :-)
    13. Re:Easy by ud+plasmo · · Score: 1

      thomastown area. and i thought this kind of stuff only happened in america. hehe australia is getting americanized i tell you!

      --
      Norris Normal - Who am I?
    14. Re:Easy by Mike89 · · Score: 1

      If it comes to court, remember to point out that a "pedophile" is a foot fetishist. I'm guessing you meant a "paedophile", but luckily for you you got it wrong. :-)
      Got a source?

      According to Wikipedia, both spellings are correct (I believe Pedophile is 'British' spelling?)
    15. Re:Easy by MatB · · Score: 1

      couldn't I get a bad name for myself out of this? Depends what you mean by 'bad'--you apologised and offered to remove the offensive material, you're 18, 18 year olds make mistakes. The school refused your apology and then set about destroying your life chances.

      Some corporate employers would look at you poorly because of it, and it'll likely have to go on some applications. But if you make a fuss, get your MP/senators/whoever involved, then you might make a good name for yourself.

      I don't know you, I only have your side, and I don't know Aussie employers or universities, nor do I know what the polity is like (I know the constitution fairly well because I studied it, but not the way voters and politicians react to certain stories). If it were down to me as an employer, or the admissions tutor that let me into my university, that you've admitted your mistake is a good sign, and I'd let you in/employ you, people learn from mistakes.

      But I'm not most people--you have to decide, but I'd personally kick up a massive fuss, if what you say is correct, they've really messed you up for a prank that was stupid, but not that serious.
      --
      Mat Bowles
    16. Re:Easy by GreyPoopon · · Score: 1

      The thing is, couldn't I get a bad name for myself out of this?

      Yes. Of course you can also get a "good" name out of it.
       

      I am fine with the entire piece except the line stating that we (the students) suspect a teacher is a pedophile (as explained in one of my other replies). If I push this, could they push back?

      Yes, but this is why you would need to contact an attorney first. I can't speak for Australian law, but here in the US, it would depend on how it was worded. If the statement was accusatory, you could be held for libel. If it merely stated what the public opinion was, you could show that you weren't accusing the teacher of being a pedophile, but you were instead stating the opinion (and fears) of some of the students. However, you could still be taken to court over the statement. This is why you need a lawyer involved. If they choose to take you to court, the lawyer would be the most effective at arguing that your statement was not really libel.


      I your case, it might be better to avoid recognition and whisper into the right persons ears all the true infractions committed by the school (like for example hiring uncertified teachers).

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    17. Re:Easy by billcopc · · Score: 1

      It's not just Australia. The school systems in North America are just as guilty of silencing dissident speech. The reality is that the system is horribly broken and distorted pretty much everywhere, but just like a used car salesman they're quick to hide the flaws instead of solving the problems at the root.

      The problem is the education system and its not-so-subtle agendas. Normally I'd be quick to advocate private schooling, but there's an upsetting lack of skilled freelance teachers in the world. Home-schooled kids just end up even more useless than their retarded parents.

      --
      -Billco, Fnarg.com
    18. Re:Easy by drsmithy · · Score: 1

      Also, there was libel in one portion - I relayed on the fact several people call one of the teachers a pedophile (In the opinion of many people, he's the creepy teacher.. A lot of my female friends have told me tales of him 'perving' on them on free dress days).

      No-one "perving" on 16/17/18 year old girls is a paedophile. Creepy, maybe - but even that's dependent on how "hot" said girls think he is.

    19. Re:Easy by icept · · Score: 1

      Unfortunately, the situation of being taught by a teacher who hasn't got a background in the subject they're teaching is all too common these days. I'm an Australian school teacher in the government system and am seeing this happen in many learning areas (in particular, science, maths and technical subjects). The fact is, the system is starting to fail because the working conditions and salaries are so poor (comparatively) that people with the necessary backgrounds are attracted to better jobs in other fields. I can imagine it would be frustrating being taught by a teacher who doesn't know the subject, but often it is a choice between this teacher and none at all. Adding things like harassment via blogs or litigation to the mix is only going to make the situation worse for teachers, the education system and, ultimately, the students. Of course teachers must be accountable for their work but, currently, the system is stretching them so far that many are saying the job isn't worth it any more. Imagine you are a fully qualified teacher in your own discipline, forced to teach a subject you know nothing about (because there's nobody else to do it) and then publicly humiliated for your lack of expertise on someone's blog. I believe everyone has a right to a free and good education and that the Australian system isn't necessarily providing this in all areas, but subjecting teachers and schools to this kind of ridicule can actually cause a lot more harm than you realise. Not just to the individuals concerned, but to the system and future students.

    20. Re:Easy by Notquitecajun · · Score: 1

      I'd mod you down as a troll for the home-school fallacy, but you aren't worth it. Try doing some studying about home-schooled kids than going on what I suspect may be a couple of personal experiences which should be chalked up to anecdotal evidence.

    21. Re:Easy by hey! · · Score: 1

      Simple rule of slashdot comment-jacking. Go ahead, but if you are doing it from your old Commodore computer expect people to be a bit skeptical.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    22. Re:Easy by Anonymous Coward · · Score: 1, Informative

      that would be Podophilia http://en.wikipedia.org/wiki/Podophilia

    23. Re:Easy by ben0207 · · Score: 2, Interesting

      Pedophile is the Yank (incorrect) spelling.

      Paedophile is the British (correct) spelling.

      --
      cmd-q.co.uk - some sort of stupid fucking internet bullshit
    24. Re:Easy by Mike89 · · Score: 1

      No-one "perving" on 16/17/18 year old girls is a paedophile. Creepy, maybe - but even that's dependent on how "hot" said girls think he is.
      Try the age range of 12 to 15 (Secondary School, Year 7 to 9, in Australia). A family-friend in Year 9 told her Mum that they don't like it when he's around them (he always volunteers to do things like Year 7/8 Swimming Sports), and when Mum spoke to her Mum and told her the name of the person I mentioned, she was like "Oh my, that's the name of the teacher my daughter is uncomfortable with..".
    25. Re:Easy by t0nz0r · · Score: 1

      I really do feel sorry for you mate, having completed my yr12 2 years ago now it can be a tough time and having this added to it could make it nearly impossible. On the last day of school one of my friends shaved his head, which was against school policy, for this he was banned from the school during exams and had to travel 45 minutes to another school to do all hes exams. The punishment didn't come anywhere close to fitting the crime (usually uniform infringements were at MOST a detention).

      There are a lot of people calling for Freedom of Speech laws at the moment so including them on your mailing list could be a big help, and I'm sorry I don't have any names to provide.

    26. Re:Easy by Mike89 · · Score: 1

      (in particular, science, maths and technical subjects)
      This happened at my school when I was in Year 8. A new teacher came and was told to teach Art, Science and Tech for our class.. despite the only class he had studied (I believe) was Art, possibly Science. It was a few years before he got to teach classes he'd actually expected, and he ended up quitting and getting a job in the 'real world' (I quoted him in the blog, as I'd emailed him about the situation - his response was: "It's a shame about the multimedia course, heard from a few people that its heading down the toilet. All those years spent building it up, and it takes [teachers name removed] 3 months to tear it apart! Asshole! Sorry dude! Had to get out.")

      It makes me sad that the principle was more interested in preventing negative publicity than actually taking the constructive criticisms onboard. Oh, our school has made it into The Herald Sun before because a girl was suspended 'indefinitely' for wearing pants without the school emblem on them (despite being exactly the same in all other respects, and all of the girls do it as they cost $15 instead of about $40)
    27. Re:Easy by Mike89 · · Score: 1

      Oops, meant to say in my previous post: the school stuck by their decision and the principle stated that it was due to "upholding the high standards of the school.". Also the article states that school pants are $55, the pair she wore were $15 ("Banned for $15 pants").

    28. Re:Easy by JoeMerchant · · Score: 1
      Back in the day before web-postings, I participated in a class that worked on the annual "Literary magazine" - a photocopied bunch of stories and artwork done by students. I had a friend who was a good writer but happened to attend another school. I submitted one of his stories on his behalf via the normal submission process - there was a tradition about work only coming from my school, and an obscure rule (which I, of course, knew about, but I was 15 at the time....), but the story got in (along with 350 other pages of marginal material produced by high school students), and I pushed in the class to get it an award - it tied for 3rd place. I disclosed the story's origin to some of the other kids in the class one day before printing - they felt the need to tell the teacher who viewed the whole thing as his personal achievement in life (besides marrying an ex-student after she turned 18 years old... but I digress), and he felt the need to expunge the offending story from HIS magazine, correct the awards page, etc. etc. Took him about 4 hours.

      Long story short, I did something really really minor that pissed off a teacher in a big way. They suspended me for 3 days for "breaking literary magazine policy", and there was really nothing to do about it but take the lumps. If the teacher hadn't been in tight with the disciplinarian, he might have been laughed out of the office.

      Timing plays a big part in how these things work out - if they had tried to suspend me for 10 days, it would have been worth fighting and they would probably have lost. You might try to fight your case, but in all likelyhood you're better off taking the lumps and getting on with life.

    29. Re:Easy by rastilin · · Score: 2, Interesting

      That's a career killing comment, no wonder they freaked out. If the evidence is stacking up they probably should be fired but it's still not a good idea to post something like this on the internet since he could be assaulted. If he hasn't done anything it would be solely your fault. Besides, he could just be creepy and his actions be misinterpreted. Unless you have actual proof it's irresponsible to say things like that.

      Without checking your actual post I can't know what you said but from the snippets you've posted already it sounds like you were spreading chaos around with a big shovel. The internet can be read by anyone, so a good analogy would be you writing this down and nailing it on a tree somewhere. Heck, if I implied corruption and sexual deviancy in my teachers, wrote it down and hammered it on a tree in my suburb, with my name on it. The end result would be pretty much the same as in your case.

      Now I live in Australia myself and I love it here. The taxes aren't too bad, crime is minimal and there's an excellent social security net. Try doing this anywhere and you'll get the same result. Especially if you were silly enough to say something like this in your final year.

      My actual point is this. They were fighting words, they offended people very badly, as fighting words tend to do. So now they're on the warpath against you. Hardly surprising.

      --
      How do you kill that which has no life?
    30. Re:Easy by balloonhead · · Score: 1

      As a few other commenters have pointed out - you have admitted your mistake, offered to make amends and still been ignored. The handling of the situation has been appalling.

      As for what you said - without reading it (and the exact wording and context) I can't offer any opinion on whether it was a legal but unsavoury commentary on the school and its teachers or if it did cross the line into libel. But it really would be worth getting a lawyer to address things. This may not be cheap but - you are an A student who could possibly get worse grades and have the entire rest of your life affected adversely by this. This could easily be worth tens or hundreds of thousands of lost income over your career. If the content was legal - then the school have horribly wronged you regardless of how much they might not have liked what was said.

      Another poster has mentioned how this is sometimes crap for the teachers, who may be capable but having to teach subjects they are unfamiliar with due to lack of resources. That's not your problem. A journalist who points out in a newspaper that kids aren't being taught by qualified teachers won't get any crap for it if it's true - neither should you. The school either knows they are not qualified, in which case it is a school / state resource issue, or they have lied about their qualifications, and it is their problem. Either way naming them and pointing out their lack of qualifications is simply pointing out existing facts.

      I am quite sure that what you wrote was likely to have been the same sort of dickhead crap myself and my mates did when we were at school - the difference being the audience and the lack of foresight (common among 18 year olds) about what might happen - we didn't have any worldwide publishing tools to hand - but that doesn't change the fact that the school's handling was fucking awful.

      Good luck with your exams!

      --
      This idea was invented by Shampoo.
    31. Re:Easy by utopianfiat · · Score: 1

      A teacher in a position of power hitting on his/her students period is a bad thing- much worse when said advances are towards students who are minors.

      --
      +5, Truth
    32. Re:Easy by DreamerFi · · Score: 1

      Good luck with your exam tomorrow. Best way to "show them" is to ace it. Go for it!

    33. Re:Easy by Anonymous Coward · · Score: 0

      I'm about 30, too and I also say I'm "slightly older" than 18-year-olds...
      Funny, though, the 18-year-olds always laugh when I say that...

    34. Re:Easy by Anonymous Coward · · Score: 0

      Is there something wrong with marrying the student?
      He should have been able to marry her younger.
      Girls are able to have children at 13.5+ usually, often abit younger aswell.

      Ofcourse you're a feminist so you hate men and all...

    35. Re:Easy by Skapare · · Score: 1

      If you are going to live in a non-free lawyer-infested country, you need to host your blog anonymously in a far removed country somewhere else.

      FYI ... I have had to deal with school boards and school administrators in various circumstances, several times. I have observed a nature that fits every one of them I have dealt with, and seems to fit every one that makes it to the news. That nature is that the people who run them are people that wanted to be politicians because they enjoyed being in positions of power that control other people, but were unable to make it in a world where they have to deal with adults, and found this niche where they can carry out their desire to control other people ... on children ... and in general on people less familiar with their rights. Think of them as "wanna be politicians" that are too incompetent to make it as true politicians.

      OK, there's one exception. My junior high school vice-principal actually made it into real politics.

      --
      now we need to go OSS in diesel cars
    36. Re:Easy by blind+biker · · Score: 1

      Good luck with your exam tomorrow. Don't forget to rest - hours stolen from night-time sleep are fool's gold. I should know, that's how I messed up my last exam.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    37. Re:Easy by keithjr · · Score: 1

      On behalf of all of Slashdot, let me be the first to say "Good Luck, friend."

    38. Re:Easy by Starayo · · Score: 5, Funny

      Get out of my country.

      --
      Ezekiel 23:20
    39. Re:Easy by Anonymous Coward · · Score: 0

      Ick, why do people put up with the idea of school uniforms? It's not a military unit, it's school.

    40. Re:Easy by fishbowl · · Score: 1

      Maybe they knew the teacher was a perv and you disrupted an ongoing investigation.

      --
      -fb Everything not expressly forbidden is now mandatory.
    41. Re:Easy by Anonymous Coward · · Score: 0

      Also don't assume that t6hey are necessarily telling you the truth about what is defamatory and what is not. A lot of that stuff is opinion and not thier opinion to boot. Definitely true, my old school falsely accused me of posting material on Wikipedia about the running of the student representative council and a particular member of staff's behaviour (basically he was a petty jerk whi had been promoted too far) which was supposedly damaging to the school. Their so-called evidence was very weak: I had made the staff member look like a fool far too many times, I had tried to have the SRC president fired for incompetence, I knew how to use Wikipedia, and I had used the account in question from the school before (as had over 100 students, as the school is nearly permanently IP banned from editing). Luckily I went unpunished, largely because they had better thing to do than punish me, and because it was 4 months after the material had been posted that they saw it.


      The staff member concerned did try to make me remove the material completely (from the page history), and did not seem to understand that as I was not an admin and had no real chance of soon becoming one, there was no way I could do that.

    42. Re:Easy by Anonymous Coward · · Score: 0

      Dude, just cause something makes somebody look bad doesn't mean it's "Defamatory" or "Libelous" or "Slanderous" in the eyes of the LAW.

      Hire a Lawyer and teach your principal a few lessons in humility.

    43. Re:Easy by yukk · · Score: 1

      thomastown area. and i thought this kind of stuff only happened in america. hehe australia is getting americanized i tell you! Yes, I see our educational standards are going down to where people don't use any capitalisation. :)
      --
      The trouble with the rat race is that even if you win, you're still a rat." Lily Tomlin
    44. Re:Easy by Anonymous Coward · · Score: 0

      Right on! I hate how yanks say stuff like 'aluminum'. We all know it's really 'aluminium'.

    45. Re:Easy by Lord+Apathy · · Score: 1

      I almost had a problem like that when I was in high school. Now this was many years ago, to many that I don't want to go into. The school news paper was nothing but a mouth piece for the jocks and victorian society, i.e. people with all the money. It was not even worth wiping your ass with that rag.

      My friends and I being nerds had access to our own computers, C-64, a damn good printer, and a copy machine. We did what any pissed off geeks would do, we started our own underground newspaper. But we where not so underground handing them out in 3rd hall like that.

      We got away with it for the first few weeks. Then it turned out we we're more popular than the offical newspaper and people stopped buying that one. That pissed off the teacher, a real bitch, in charge of the school paper. That or the article I wrote about her being a real bitch, hey! I didn't mention her name.. but maybe let it slip what parking place she parked in.

      Well the bitch, bitched an we got called into the principals office. He read us the riot act and was going to supend us. Called our parents and all that shit. What I don't think he was expecting that one of our parents was a hippy freak from the '60s and believed in all that free speach jazz.

      He showed up with a lawyer in tow. We where told to wait out in the hall while they talked about our "problem." Fifteen minutes later the principals secretary came out an told us to go back to class. We continued to publish our paper all the way up to our senior year, 3 years. Never was another word spoken to us about it ether.

      --

      Supporting World Peace Through Nuclear Pacification

    46. Re:Easy by ameoba · · Score: 1

      They may allow you back in or to retake the test in simple self defense. You will likely be seeing some hardball. The accusations on your site can be enough to keep an elected official out of office or get a superintendent fired. Again consult the lawyer first, but pointing out that it will get into the local news may cause a really amazing effect.

      We're talking about a bad website written by an angry teenager. The only reason this would have an effect on any rational adult's vote is that the whole issue points out that school officials are wasting their time reading random websites written by angry teenagers.

      --
      my sig's at the bottom of the page.
    47. Re:Easy by Anonymous Coward · · Score: 0

      I had sympathy for your plight until seeing your comments about calling a teacher a paedophile (assuming you spelt it correctly on your blog, and aren't calling him a foot-fetishist).

      Coming from a family of teachers, and having spent some time teaching myself, I know that above all else the fastest way to lose your career is to be *accused* of being a paedophile. In the end, it doesn't make any difference whether it's true or not. The accusation is damaging enough.

      So damn you, I hope you have to retake the year and make a public apology to the teacher in question.

    48. Re:Easy by cstdenis · · Score: 1

      Once your exams are done and marked, put the blog back up.

      --
      1984 was not supposed to be an instruction manual.
    49. Re:Easy by E++99 · · Score: 1

      Try the age range of 12 to 15 (Secondary School, Year 7 to 9, in Australia). A family-friend in Year 9 told her Mum that they don't like it when he's around them (he always volunteers to do things like Year 7/8 Swimming Sports), and when Mum spoke to her Mum and told her the name of the person I mentioned, she was like "Oh my, that's the name of the teacher my daughter is uncomfortable with..".

      Girls are blessed with built-in creep-o-meters, which tend to get it right. If he's going as far as volunteering for swim meets to leer at the girls, I'd say he needs to be fired, even if that's the worst thing he's done yet.

      Of course, from his point of view, whether what you said about him is true or false, the public nature of it has the potential of devastating effects on his career and/or marriage. So if he's out for retribution, it's not surprising.

      On the upside, there's always a chance that some good will come out of this, and that the chain of events that follows will end up preventing some future adolescent girl from getting assaulted by this guy. As a believer in providence, I tend to think it's most likely your lapse in judgment was allowed to play out for a reason.
    50. Re:Easy by Torvaun · · Score: 1

      What if he's right? Is the teacher's 'right' not to be called a paedophile stronger than the students' 'right' not to have one around? False accusations are one thing, but investigative journalism is another.

      And a pedophile is the same thing as a paedophile, it's like the difference between colour and color. You're thinking podophile for the foot-fetishist thing.

      --
      I see your informative link, and raise you a pithy comment.
    51. Re:Easy by Urza9814 · · Score: 1

      Wow. Your school is messed up man. That's the same punishment I got when I got caught fooling around with a chick in the guy's bathroom 3 years ago.
      And I was on my school's literary magazine staff once. It was a complete joke.
      Oh, and in the US at least, supreme court has ruled that for school newspapers students can basically publish whatever they want. The school newspapers are supposed to be operated by the students, not the school, even if the school pays for it. I don't see why a literary magazine would be any different, though I'm guessing you aren't in the US...

    52. Re:Easy by zippthorne · · Score: 1

      They suspended you for 3 days for breaking the bylaws of an after-school club?? That's messed up.

      --
      Can you be Even More Awesome?!
    53. Re:Easy by Anonymous Coward · · Score: 0

      Sorry, but the whole "in my opinion" defence doesn't work.

      You can say "My principal is a scumbag" without any qualification, because that's obviously an opinion, and whether you say the words "in my opinion" or not makes no difference.

      You can't, however, say "My principal is a liar and a thief" unless you've got evidence to back it up - because that's presenting a statement of fact. If you add the words "In my opinion" to it, then things get very slightly blurrier, but a competent lawyer will argue that you're intending readers to conclude that you have evidence or reason to believe this, and therefore it's still a statement rather than an opinion.

      Moral: If you want to libel somebody, then libel 'em good and hard and at least you'll get value for money. Pussyfooting around just weakens your message - it's not a defence.

    54. Re:Easy by Oldav · · Score: 0

      G'day Mate, Your story is shocking, could you name the school, link to the blog and I for one will send a strongly worded complaint to the Vic education dept and the school principal and council. Bastards. Good luck. Dav

    55. Re:Easy by Anonymous Coward · · Score: 0

      If he honestly thought the teacher was a paedophile, he should have gone to the police. Public accusations serve no-one.

    56. Re:Easy by Fulcrum+of+Evil · · Score: 1

      Oh, our school has made it into The Herald Sun before because a girl was suspended 'indefinitely' for wearing pants without the school emblem on them (despite being exactly the same in all other respects, and all of the girls do it as they cost $15 instead of about $40)

      OOH! Sell school emblem looking things for $15 = profit!

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    57. Re:Easy by badman99 · · Score: 0

      Hmmmm something tells me you are an American. :)

    58. Re:Easy by 666999 · · Score: 0

      Best of luck. What a crappy situation to be in.

    59. Re:Easy by Mike89 · · Score: 1

      Girls should wear female clothing (dresses, skirts, etc), not men's
      I know your trolling, but I'll just point out girls also do have dresses and skirts available as part of the uniform, and the pants are specifically for girls (tight on the waist and legs). At my girlfriend's school they are bringing in pants next year, but up until now she's only been allowed dresses and skirts.
    60. Re:Easy by Mike89 · · Score: 1

      Your story is shocking, could you name the school, link to the blog and I for one will send a strongly worded complaint to the Vic education dept and the school principal and council.
      Mornington Secondary College, Victoria. The blog is linked in a comment below, though I didn't post it (and didn't realise yet another mirror had shown up.. it's funny how it got more popular since the time they tried to kill it.)

      Also, to the few people saying pedophile = career killer, that's all the teachers ever said when girls and guys complained about the way he acted. "Don't say that, it could kill someones career!". I believe a few of the teachers also thought he was a 'bit creepy', thought I won't say anymore obviously as this is a public forum.

      Oh, the Principal's name is "Sarah Burns". "Jim Papas" (possibly Pappas, if it matters) was also present at the meeting.
    61. Re:Easy by conan1989 · · Score: 1

      i heard about a similar story in a Brisbane school [i live in Brisbane], where a student spoke the truth about the wrong doing at his school, but used careful wording to cover his ass from defamation and what not some of the teachers/"officials" were less then impressed and almost got the student kicked out. he wrote a draft letter addressed to the local and state papers/news stations [and the "a current affair" and "today tonight" crap too]. after reading the draft the teachers/"officials" changed their minds rather quickly. best defense is a better offense wish you the best of luck

    62. Re:Easy by WNight · · Score: 1

      No dice. Try being competent at the job you're doing.

      If teachers didn't teach courses they didn't understand, parents would have to do something about it. If teachers teach things they don't understand nobody finds out, until the students end up failing.

      My CompSci 11 AP teacher had never programmed before a summer intro course. He couldn't follow the bubble sort example (CS 11 is very easy) in the book, even with the teacher's edition. Only those of us who knew how to program going into the course passed the exam.

      Had that teacher been exposed as the fraud he was, maybe those other students would have had a better chance.

      He should be the one asking if you want fries with that happy meal.

    63. Re:Easy by algoa456 · · Score: 1

      What were you trying to achieve with your satirical blog? Perhaps you have valid issues, but I wonder how self righteous (that is how your posting comes over) you will feel about this incident in say 5 or 10 years time. Alas, rightly or wrongly, actions in the adult world have consequences. Sometimes even when you are right you get screwed, that's the way it is.

    64. Re:Easy by Mike89 · · Score: 1

      What were you trying to achieve with your satirical blog?
      I was mostly just venting over the fact that my school had repeatedly screwed up my courses and didn't seem to care at all (We saw one teacher, he told us to go to another, who sent us back to the first.. this went on for the entire first term before someone actually 'organised' the course).

      but I wonder how self righteous (that is how your posting comes over) you will feel about this incident in say 5 or 10 years time. Alas, rightly or wrongly, actions in the adult world have consequences. Sometimes even when you are right you get screwed, that's the way it is.
      Learning experience. Even now I realise looking back that I went the wrong way about it - but they did even more so with their actions.
    65. Re:Easy by Anonymous Coward · · Score: 0

      As a Canadian high school teacher, we also have a system that has deteriorated to the point of insanity...imagine being assigned to teach French, even if you don't speak a word! Yep, an administrator can assign a teacher to teach any course, qualified or not. What really needs to be done is to take the school board/politicians to task, and for the public to become aware of these problems (rather than allowing administrators to only praise themselves, and sweep problems under the rug). Want to see my take on education and IT in Canada? Check out: cdneducation.blogspot.com

    66. Re:Easy by BungaDunga · · Score: 1
    67. Re:Easy by Jarik_Tentsu · · Score: 1

      Just like to say - that really sucks...

      I'm a year 12 doing VCE too, and I can just imagine how much all that would do to your ENTER marks...I go to a private school, and I've been killing myself working on the year 12 video (we decided to make it awesome...rotoscoped lightsabers, and heaps of special effects and such) - the entire time, I was under the legal gun from the deputy headmaster who told me I had to make sure NOTHING was potentially offensive. Why? Because some dickhead got a bad ENTER score a couple of years ago because he didn't study, and decided to sue the school, using 'humiliation in the video' as part of his case.

      Now obviously that was his fault...and IANAL but can't you try to threaten to sue those bastards? I understand it's not a private school (like me), but It's not like you had to sign an agreement at the start of school saying "I will not comment on anything that happens at school" - hell, if there's no legal route, you could always go to the papers and get a bunch of negative publicity for the school...

      Cause arguably, the ENTER score can determine your life...and for them to fuck you over like that...well, that's really really tight.

      ~Jarik

    68. Re:Easy by Jarik_Tentsu · · Score: 1

      Go to the Herald Sun (tabloid)...

      By the time they're finished with the story, your school will have been likened to North Korea, your principal to Hitler and the poor kids victimized to the equivalent of the Jews under the Third Reich. =P

      ~Jarik

    69. Re:Easy by icept · · Score: 1
      The situation when I went to high school was that no one was qualified to teacher upper school computer science, so we simply didn't have the option of studying it. Students didn't have the chance to study computers again until university. I would have much preferred the opportunity to study programming, even if the teacher was unqualified in that area.

      With this kind of situation, even if parents attempted to "do something about it", the department can't just pull a computing teacher out of no where. There simply aren't enough teachers in the pool to fill the number of positions. It's all too easy to be mad at the teachers, but what is really failing you is the system, and the only way to fix that is change at the upper levels, not by going after individual teachers. You want more qualified teachers? increase the pay an work conditions and you'll attract many more people to the field

      (NOTE: I'm drawing a distinction between an incompetent teacher: one who simply isn't any good at teaching, and an unqualified teacher: Someone who knows how to teach, has two degrees, but may be teaching out of their field of expertise)

    70. Re:Easy by WNight · · Score: 1

      That's what I mean. If there were no teachers the parents would see this and could decide to pay more taxes, get involved, start home-schooling, or something. When there are incompetent teachers they look just like competent ones except to people who know the material.

      As I mentioned, the kids who'd programmed before were fine, the teacher's instructions were just nonsense. Everyone else though, they were fucked.

      I had just received my mark for one of the term projects (bubble sorting a list of ints, I kid you not, in an AP class) which despite functioning perfectly, received a lower mark than another student who didn't actually have any code - just prolific comments.

      We took turns at the projector, showing the class our work and explaining our design choices. When I was there he called me wrong (on the same program he'd nearly flunked). I challenged him - told him that I was not wrong and knew from having used it before. He told me to sit down and see him after class and he'd show me... I snapped. I told him that I'd stay right there until he got the teacher's copy and I proved him wrong. He liked this idea until the book said I was right. Then he kicked me out of his class for a week for being pompous.

      Man, was he ever shocked when the results came back from the AP test and I'd gotten the highest mark possible (5/5). Right up until then he thought I was incapable of programming. I showed him a ton of things I'd done - 3d graphical plots of arbitrary functions, text adventures, etc. He literally could not write a functioning bubble sort in the only language he ever used.

      Had he not been there he wouldn't have failed us. The AP students could have talked to the principal about either working on our own, or going to the nearby university twice a week to get a professor to help us. (My school was actually fairly good about giving you opportunities to learn faster.) If the other students hadn't been through his nonsense they'd have probably given it a try later, ideally with a competent teacher, or none at all which have been better than an idiot.

      I did a semester of digital electronics in grade 12. The teacher was a real analog guy and it was out of his area. He handled it well though, unlike the comp-sci teacher. He knew his limits, knew when to trust the book. Knew how to test things to check for himself... I handed him a project, he look at it and said 'nope', I looked again, said 'you sure', he said 'yep', and nonetheless, when asked he still traced it through with me to find the problem. He was wrong, but instead of punishing me, he said 'Wow, that's neat.'

      So yes, I'd far prefer no teacher, or even just one acting like a study buddy, than an incompetent who thinks he's great.

    71. Re:Easy by JoeMerchant · · Score: 1
      It was attached to a class, not an after-school club - so, while still messed up, it might be a little easier to understand.

      And, yeah, the Lit-Mag was pretty much a joke - no more so than any number of other classes in HS, but I think curriculum they were trying to teach had more to do with respecting authority than anything related to literature, publishing, or other academic things.

  2. Before we go off half cocked... by BadAnalogyGuy · · Score: 3, Insightful

    First, why not link to the blog, you dumbass editors?

    Second, from just what's written in the summary, it's a pretty clear case of someone using their blog to accuse school officials of wrongdoing. It doesn't sound at all like "opinions". It sounds like accusations and innuendo. I'm not sure how responsible this person is for the comments, but the articles themselves are pretty libelous if untrue.

    1. Re:Before we go off half cocked... by dkf · · Score: 2, Informative

      First, why not link to the blog, you dumbass editors? Dumbass submitter you mean

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    2. Re:Before we go off half cocked... by BadAnalogyGuy · · Score: 1, Insightful

      I do not blame a 3 year old for running around a store screaming at the top of his lungs. He is 3. It's what he does.

      I blame the parents for bringing the 3 year old to the store and not keeping him under control.

      I realize I shouldn't expect the /. editors to actually edit, but it would be nice sometimes.

    3. Re:Before we go off half cocked... by aichpvee · · Score: 2, Funny

      Next you're going to be asking them not to post dupes. I ask you, sir, where will this insanity end?

      --
      The Farewell Tour II
    4. Re:Before we go off half cocked... by Merls+the+Sneaky · · Score: 0

      Why didn't you link to it yourself, seeing as how you found its omission so objectionable you have done nothing to correct it.

    5. Re:Before we go off half cocked... by kryten250 · · Score: 0

      www.gisdwatch.com the blog. 13 seconds to type this, this is all i have to do to pass the time...

      --
      FlyingPizzas.com, for the tasteful hermit
    6. Re:Before we go off half cocked... by budgenator · · Score: 1
      Actually from what I've read it's a case of less than astutue public officals being repeatedly embarassed for wasting and squandering public funds and failing to take advantage or having knowlege of federal grant money. take a look at the Blog and see if you agree. would you think this is libelous?

      I wonder what the school Principals and teachers think about how much money they are spending to silence us. Especially when they promised each teacher a $250 stipend for their classroom and then took the amounts out of the teachers' budgets, rather than out of the "big" budget. Where exactly is the Board and the Administration's priority?
      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    7. Re:Before we go off half cocked... by urcreepyneighbor · · Score: 1

      Why don't you RTFA, you dumbass luser?

      Feldman said Tetley's Web site - www.gisdwatch.com - contained the most "personal, libelous invective directed toward a school administrator" he's seen in his 31-year career.
      --
      "The fight for freedom has only just begun." - Geert Wilders
    8. Re:Before we go off half cocked... by bhima · · Score: 1

      Seriously. Slashdot does not have, nor has it ever had, Editors. Slashdot has copyists which it calls 'Editors' much to the dismay of a certain segment of its readership. You can check the FAQ out (I haven't read it in years) and it basically says that they do not want to be editors. This is something they want the Slashdot participants to do. I find it annoying as hell but in their defense there are several posts with links claiming to be the blog in question.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    9. Re:Before we go off half cocked... by sm62704 · · Score: 1

      I realize I shouldn't expect the /. editors to actually edit, but it would be nice sometimes

      They do edit actually, at least sometimes. Of half dozen stories I submitted that were posted this year, only one made it verbatim. One of them was completely rewritten.

      -mcgrew

      Matter Discovered Traveling at Near Light Speed
      Racketeering Trial of MS and Best Buy Can Proceed
      Carmack's Armadillo Aerospace Rocket Crashes and Burns

      Leonard Nimoy to Play Spock in Next Star Trek Movie
      Student Arrested for Writing Essay
      Diebold Voting Machines Vulnerable to Virus Attack
      Brains Hard-Wired for Math

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    10. Re:Before we go off half cocked... by Myopic · · Score: 1

      Did Slashdot change to a system where submitters choose what stories go on the front page? I thought that's what the editors did. I thought it was their job to do some quality control on what got posted (even though they have long neglected that duty).

    11. Re:Before we go off half cocked... by ucblockhead · · Score: 1

      If a crap submission is posted, it is the "editors" fault. I put "editor" in quotes, because real editors actually edit stuff that has problems rather than just posting what's submitted.

      --
      The cake is a pie
  3. In Texas? by mgabrys_sf · · Score: 0, Troll

    I'm shocked.

    1. Re:In Texas? by stewbacca · · Score: 0, Troll

      I live in Austin. The worst thing about Austin is that it is surrounded by Texas.

    2. Re:In Texas? by Anonymous Coward · · Score: 0

      Your are right Austin is just the asshole of texas...

  4. The site in question... by xzaph · · Score: 5, Informative

    Since it's not linked in the op, the site in question is http://www.gisdwatch.com/

    1. Re:The site in question... by Anonymous Coward · · Score: 0

      Something very fishy - A site filled with advertisments ?

    2. Re:The site in question... by xzaph · · Score: 1

      Not sure why you'd have ads, there are none on the site for me (and that's after temporarily disabling adblock, even if it didn't show any blocked items).

    3. Re:The site in question... by ubrgeek · · Score: 2, Funny

      Something very fishy - A /. post filled with paranoia ...

      --
      Bark less. Wag more.
    4. Re:The site in question... by compro01 · · Score: 1

      i think you ought to run some spy/adware scans. they're no ads on anywhere on that site.

      --
      upon the advice of my lawyer, i have no sig at this time
  5. Absolute defense. by Ihlosi · · Score: 5, Insightful
    The alleged libelous postings 'accuse Superintendent Lynne Cleveland, trustees and administrators of [...] using their positions for "personal gain," [...]


    The suit, however, would be funded from the district's budget.'



    Isn't truth an absolute defense to an accusation of libel ?

    1. Re:Absolute defense. by BadAnalogyGuy · · Score: 1

      It is on the condition that people have access to the truth, believe the truth, regard you appropriately after knowing the truth.

      In other words, if someone's slandered you, you're pretty much screwed.

    2. Re:Absolute defense. by westlake · · Score: 2, Interesting
      Isn't truth an absolute defense to an accusation of libel ?

      The law rarely deals in absolutes. The shotgun approach where you fire off dozens of accusations in the hope that at least some of them will stick suggests a malicious or reckless disregard for the truth.

    3. Re:Absolute defense. by javaxjb · · Score: 1
      Isn't truth an absolute defense to an accusation of libel ?

      Absolutely not. As an example, says John with derisive inflection, "Of course, George Bush is qualified to be president. After all, he has a high school diploma." While it is true that he has a high school diploma, he also has an MBA from Harvard. Of course, you could make the case that it is false because he's not qualified to be president, but for this example let's give John the benefit of the doubt.

      --
      Programmers in mirror are brighter than they appear
    4. Re:Absolute defense. by CharlieG · · Score: 1

      Does Texas have SLAPP laws?

      --
      -- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
    5. Re:Absolute defense. by professionalfurryele · · Score: 1

      Given that Harvard MBAs are what they hand out to rich daddies children to get their big bucks and that the course content (like pretty much every MBAs) amounts to 'get to know your classmates, their daddies are rich and can get you good jobs / contracts because you are friends with their son', I'd suggest that the above statement lists George Bush's highest qualification.

    6. Re:Absolute defense. by telso · · Score: 3, Informative

      Until a week ago I thought that truth was an absolute defence to libel. Not always so. Although the law differs by jurisdiction, what you say may have to be in the public interest. If a politician sleeps around with married people and then tries to outlaw adultery, that's in the public interest to report; if your neighbour sleeps around with married people, that's not in the public interest (unless the married person or that person's spouse is a public figure). People are entitled to their privacy, and if the public would not care about Joe Blow and you defame his character, you're going to get in trouble.

      Also, on the jurisdictional issue, this site lists a few places where truth is not an absolute defence (including "some US states"). And you should note that if you publish something online, then since people can read it in jurisdictions where truth is not an absolute defence, you may be able to be sued in those jurisdictions, even if you and the person you're talking about have never been to that jurisdiction. And lastly, the burden of truth (not just belief in truth of the statements, but actual truth) is on the person making the statements.

    7. Re:Absolute defense. by penguin_dance · · Score: 1

      Apparently it does, as she mentions in her blog. Another district blog, FBISD Watchdogs is offering solidairty and help. Feldman & Rogers Lawfirm In Houston Initiates Potential SLAPP-suit Against GISD Taxpayer Apparently Feldman and Rogers are ALSO employed by FBISD (Fort Bend ISD).

      Now if someone would explain what a SLAPP suit is or SPLAPP laws....

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    8. Re:Absolute defense. by jdjbuffalo · · Score: 1

      While, I admit that some countries may have different rules on what defines libel/slander. In the US, I've never seen evidence that the truth isn't a valid justification.

      Furthermore, it doesn't make sense that you could defame someones character by releasing information that is fact. In the example you gave, if you see "Joe Blow" having sex with someone who is not his wife and you post that on a blog you would be covered because you are releasing information that you know is true. The purpose of having libel/slander laws is to make it very hard for people to assassinate your character to your sphere of influence (public and/or circle of friends and family). If you release true information though, then you are not really defaming their character, you are just making other people aware of the person's true character.

      Also, I didn't see any evidence on the website you linked to regarding US cases. Can you provide a link to a specific case that at least made it up to the Circuit court level and not just one uninformed low-level judge?

      --
      We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box.
    9. Re:Absolute defense. by CharlieG · · Score: 3, Informative

      SLAPP - Strategic Lawsuit Against Public Participation

      Basically, when someone sues just to shut you up/intimidate you, KNOWING they are going to lose if it goes to court. The school district using deep pockets to prevent her from publishing a blocg about a public entity (protected speach) basically would fall under this.

      Many states now have anti-SLAPP laws - allows the person being sued to counter sue

      --
      -- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
    10. Re:Absolute defense. by huckamania · · Score: 1

      Arguably, school officials are public figures.

      The jurisdictional issue is a real problem. Unchecked, it amounts to whoever has the deepest pockets. Launch lawsuits in as many jurisdictions as possible and then sit back and watch your target get buried in paper and ink. The Scientologists used jurisdiction to bring the DoJ to its knees, which is telling giving the vast resources of the US government.

      This is what happens when 2 out of the 3 branches of your government are composed entirely of lawyers and the remaining branch is about 50/50.

    11. Re:Absolute defense. by sconeu · · Score: 1

      According to the Constitution, he's qualified.

      He's over 35, he's a natural-born US Citizen, and he has a pulse.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    12. Re:Absolute defense. by Sancho · · Score: 1

      Geez, everyone seems to have missed the joke.

      They were accused of using school funds for personal gain.
      They're now using school funds to fund personal lawsuits.

    13. Re:Absolute defense. by Anonymous Coward · · Score: 0

      Isn't truth an absolute defense to an accusation of libel ?

      Only in free countries.

    14. Re:Absolute defense. by Anonymous Coward · · Score: 0

      That's the U.S. for you; always keeping vampires down...

    15. Re:Absolute defense. by belmolis · · Score: 1

      I notice that that site does not list the states in which it is claimed that truth is not an absolute defense to defamation. To my knowledge, they do not exist. In any case, in the United States (all of it, this being the result of a First Amendment-based decision of the Supreme court), where the person defamed is a "public figure", the plaintiff can only win if the statement is not only false but made with "actual malice". "actual malice" is a technical term that doesn't mean what you might think: in this context it means that the statements must be made either with knowledge that they are false or with reckless disregard for their truth. School board members are certainly public figures; school teachers and administrators probably are too. So the plaintiffs can only win if the statements are false and if they can show that the blogger made them knowing them to be false or with reckless disregard for the truth.

    16. Re:Absolute defense. by damsa · · Score: 1

      Absolute defense in legal terms just means that if it is true then there is no libel. It doesn't matter if it was malicious or reckless disregard. Even if the lady made up facts but ended up being true. In other countries, truth is not an absolute defense, you must provide other evidence.

    17. Re:Absolute defense. by Fulcrum+of+Evil · · Score: 1

      They're now using school funds to fund personal lawsuits.

      If I were a judge, I'd probably rule that lawsuits paid for by a school are in fact brought by that school, then toss the whole thing out.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    18. Re:Absolute defense. by Anonymous Coward · · Score: 0

      Mostly agree, except that the way the US courts have threshed out the common law, if you say things about another party on the Internet and you are both located in Texas and have no business or other significant & relevant attachments in Oregon, they can't sue you in Oregon because they don't have [what is called] legal standing.

    19. Re:Absolute defense. by instarx · · Score: 1

      Truth IS a defense. The truth cannot be libelous by definition. Your example: (As an example, says John with derisive inflection, "Of course, George Bush is qualified to be president. After all, he has a high school diploma." ) is in NO WAY libelous (technically it isn't slander, since he spoke it, but I nitpik). If John said Bush ONLY has a high school diploma then it could be libel, but that wouldn't be the truth so the 'truth as a defence' argument wouldn't apply.

      It is not up to the writer to guess how a reader might interpret a true statement. Giving false impressions using only truthful statements is called public relations.

    20. Re:Absolute defense. by instarx · · Score: 1

      Until a week ago I thought that truth was an absolute defence to libel. Not always so. Although the law differs by jurisdiction, what you say may have to be in the public interest. If a politician sleeps around with married people and then tries to outlaw adultery, that's in the public interest to report; if your neighbour sleeps around with married people, that's not in the public interest (unless the married person or that person's spouse is a public figure). People are entitled to their privacy, and if the public would not care about Joe Blow and you defame his character, you're going to get in trouble.

      That's not libel - that's defamation. And anyway, speaking about it truthfully isn't illegal. Defamation is by definition a false accusation. If the affair is real then it is not defamation. You may be branded an interfering busy-body, but you would have committed no crime. Making the affair up would be illegal however, as would saying you *think* they are having an affair.

      And lastly, the burden of truth (not just belief in truth of the statements, but actual truth) is on the person making the statements. That is absolutely false, at least in the US. The burden is on the person libeled to prove the statements are false AND that they were made with malice. It is the other way in the UK, and probably in Canada, where the writer has to prove the statements were true.

      Also, on the jurisdictional issue, this site lists a few places where truth is not an absolute defence (including "some US states")

      Oh yea...some parts of Australia, and in South Africa (Did you think no one would click the link?). Get real. Australian and South African law is not germain to this topic. I do not believe the "some US states" statement. Name them if you do.

    21. Re:Absolute defense. by javaxjb · · Score: 1
      I never said truth was not a defense, just that it is not an absolute defense. So, let's look at a more complex example.

      Joe has been questioned in cases regarding seventeen murders over the last five years, including his wife and two young children, for which he has not been formally charged. Friends and colleagues report that they have seen him giving himself injections regularly and on several occasions have noticed morphine in his possession. Despite many visits to treatment centers, this behavior has not diminished. "It's so unfortunate," said his sister after returning home from Johnston Regional Treatment Center, "He was bright and sociable with a promising future, but dealing with these murders have taken their toll. Now he keeps to himself and often seems dazed."

      I could probably go on, but that should suffice. Now, let's say that Joe is a diabetic doctor whose medical expertise has been useful in several murder cases over the years. His wife and children were murdered (perhaps in retaliation) while he was at work. His sister works in a treatment center and Joe regularly car pools her since they live within a mile of each other and the hospital where he works is right next to Johnston Regional Treatment Center. A better writer could use insinuation to portray truth in false light far more elegantly than I.

      --
      Programmers in mirror are brighter than they appear
    22. Re:Absolute defense. by instarx · · Score: 1

      My local water company was caught poisoning some of the citizens of our community with water that had high lead levels. The head of the water company made a public announcement that "our water is safe, there is no lead in the water when it leaves the treatment facility." Of course the lead leached into the water from pipes before it reached the customers because the water company had changed their treatment methods, and he knew it Now, to me he was lying but in the law he wasn't. He could not be prosecuted because "safe" is relative term not a technical definition, and they really didn't add any lead. He clearly intended to mislead the non-technical public by using the truth to give an incorrect impression, but technically he did not lie. That technique is the heart and soul of public relations.

      Your example is the same thing. Any newspaper that wrote your description of Joe would be lying (in the non-legal definition) and trying to damage Joe. But in the law it would be impossible to win a case of libel because it is not the responsibility of the newspaper what facts people infer after reading their stories. The paper did not say that Joe was a murderer and did not say he was a drug dealer - therefore no libel. That's why TV news always describes a murderer as an "alleged" murderer even if there are 100 witnesses and film of his having done the deed.

      The mistake you are making is in assuming that the law is based in logic - it is not. It is based on the letter of the law. You and I would know that the paper was lying, but in a courtroom they could prove that they were not. Since the definition of libel is falsehoods printed with malice, no libel.

      A perfect example of the difference of "truth" in courtrooms and in real life is Clinton's denial of "having sex with that woman". Under examination he had asked for a definition of "sex" and was told by the judge that it meant sexual intercourse. He could then truthfully answer under oath that he did not have sex with Monica (he got a blow job, instead). He was not lying or committing perjury. However, when he got on TV and said the same thing to the American public he was lying because the definition of "having sex" was very different in that setting than it was in the courtroom.

  6. Its not that hard a problem. by imsabbel · · Score: 4, Insightful

    Just because its a blog doesnt it make any less real than posting it as leaflets on lampposts.

    If the accusations are true, than they will lose.
    If they arent, they have every right to defend themselves against this libel.

    --
    HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    1. Re:Its not that hard a problem. by Colin+Smith · · Score: 1

      With libel you have to prove they're true. If you don't have the evidence, you lose.

      --
      Deleted
    2. Re:Its not that hard a problem. by flynns · · Score: 1

      Also, it's the government. The government can't sue for libel, but, effectively, they are. It's fucked up.

      --
      'If you're flammable and have legs, you are never blocking a fire exit.'
    3. Re:Its not that hard a problem. by kryten250 · · Score: 0

      It is my understanding that here in america that the burden of proof rests on the plaintiff. Also Rule 45 for civil procedure says that the defense does not have to provide discovery for the plaintiff(s). INAL, but I think I'm right here.

      --
      FlyingPizzas.com, for the tasteful hermit
    4. Re:Its not that hard a problem. by edittard · · Score: 3, Informative

      It is my understanding that here in america that the burden of proof rests on the plaintiff.
      Your understanding is flawed. And there's a good reason it works like that for defamation.

      I say: Kryten250 did, at some unspecified time and place, suck a donkey's balls.

      You then sue me. That makes you the plaintiff. Can you prove that you didn't, ever, suck donkey balls?
      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    5. Re:Its not that hard a problem. by Goffee71 · · Score: 1

      It's not truth but evidence that a jury decides on. And evidence does funny things in the hands of lawyers

      --
      If he's the Walrus then can I be a penguin please?
    6. Re:Its not that hard a problem. by kryten250 · · Score: 3, Informative

      I don't have to prove I didn't but I still have a burden of proof.

      In a libel action, the plaintiff must prove three elements of the tort of libel:

        The statement has been made to a third party.

        The statement referred to the plaintiff. (This does not mean that the statement has to refer expressly to the plaintiff. A statement can be actionable if it is reasonably capable of referring to the plaintiff).

        The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.

      --
      FlyingPizzas.com, for the tasteful hermit
    7. Re:Its not that hard a problem. by julesh · · Score: 2, Informative

      Just because its a blog doesnt it make any less real than posting it as leaflets on lampposts.

      If the accusations are true, than they will lose.
      If they arent, they have every right to defend themselves against this libel.


      That's not entirely true. There's a defence to libel called "honest opinion", which basically means that the statements made are clearly intended to be interpreted as opinion rather than absolute statements of fact. This does, in fact, mean that blogs (a medium that is commonly used for distributing opinions) are harder to show libel in than pamphlets (which are usually intended to be interpreted as fact).

      This blog, with article titles like "FASCIST STATE RISING!!" and "More Work for Erik the Destroyer!" is clearly dealing in opinion.

      IANAL; this is not legal advice; etc.

    8. Re:Its not that hard a problem. by Bogtha · · Score: 2, Insightful

      To make your analogy accurate, you would have to include the fact that people came along afterwards and wrote additional things on the leaflets she put on lampposts, and they are suing her for those statements as well.

      --
      Bogtha Bogtha Bogtha
    9. Re:Its not that hard a problem. by kryten250 · · Score: 0

      Looks like you will win this arguement based soley on the fact that you have better karma. No one has read my responses debunking your "interesting" post that is flat out invalid.

      --
      FlyingPizzas.com, for the tasteful hermit
    10. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0

      Yes, but to most people outside of America, where you can't sue left right and centre for any old thing that's no big deal, whilst most countries have libel laws they're infrequently used for something so petty in the grand scheme of it all. Generally we work on the principle that if someone can't prove their claims in such a leaflet or blog that it's not worth the time of day anyway. Most people just make up their own minds based on the evidence provided, there's no reason to sue other than to prove the other party correct in that you've got something to hide - it's just sad that the US legal system so openly and regularly entertains such idiocy.

    11. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0
      this would mean he'd "won" only if your reason for arguing with him is to demonstrate to the world what an insightful genius you are.

      if, alternatively, your reason for arguing isn't posing and vanity then the argument stands whether anyone else read it or not.

    12. Re:Its not that hard a problem. by JoelKatz · · Score: 2, Interesting

      "I say: Kryten250 did, at some unspecified time and place, suck a donkey's balls.
      You then sue me. That makes you the plaintiff. Can you prove that you didn't, ever, suck donkey balls?"

      There's probably a name for this logical fallacy.

      Men play hockey.
      Socrates never played hockey.
      Therefore Socrates is not a man.

      That the Plaintiff doesn't have to prove that there is no possible way the statement is true doesn't mean the plaintiff doesn't have the burden of proof.

    13. Re:Its not that hard a problem. by Dragonslicer · · Score: 1
      Calling your site a "blog" and using sensationalist headlines does not magically change statements of fact to opinions.
      • lying: Everyone lies about something, so unless the person cites specific examples that are relevant to school administration, I don't think a libel case would stick
      • manipulation: See above, but it's probably even harder to prove that some statement is intended to manipulate (isn't that what almost everything anyone says meant to do?)
      • falsifying budget numbers: This is a fairly specific and serious charge, so I could see a legitimate libel suit for this
      • using their positions for "personal gain": If they get paid, of course the positions are for personal gain, so there would need to be some very specific examples of stuff like bribery
      • violating the Open Meetings Act: I would guess that this is a specific accusation, but I don't know anything about this law, so the law might be broad enough that just saying "they violated this law" is too vague to be considered a statement of fact as far as libel is concerned
      • spying on employees: By itself, this might be too vague, since "spying" could mean someone looked over an employee's shoulder at their computer monitor, but some specific example of illegally monitoring employees would be enough for libel
      I would say that there's at least one, possibly three or four, statements in the list given in the summary that are statements of fact and subject to libel law, no matter what you call the web page that you post them on.
    14. Re:Its not that hard a problem. by edittard · · Score: 1

      The statement has been made to a third party.
        The statement referred to the plaintiff.
      Neither of these is under dispute. The kid admitted it.

      The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.
      That's the burden of proof you were talking about - whether the defendant has to prove it's true, or the plaintiff has to prove it's false. Just admit you got it wrong.

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    15. Re:Its not that hard a problem. by jcnnghm · · Score: 1

      At least in the US, blogs aren't protected by journalism laws, whereas a pamphlet very well may.

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
    16. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0

      Also Rule 45 for civil procedure says that the defense does not have to provide discovery for the plaintiff(s). INAL, but I think I'm right here.

      Typo: you misspelled "anal"

    17. Re:Its not that hard a problem. by Hognoxious · · Score: 3, Funny

      That's not a logical fallacy, at least if you interpret 'Men' as 'All men' rather than 'Some men'.

      But it's still factually wrong, because it's based on a false premise. Socrates did play hockey.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    18. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0

      I am not a lawyer and this is a very rudimentary understanding of the case.

      Read New York Times v. Sullivan, 376 US 254. It sets up libel against a public official and requires a very high level of intent (actual malice) in cases of libel against public officials. There is an assumption that public officials will be criticized and they can fit back because of their public stature using the media.

    19. Re:Its not that hard a problem. by E++99 · · Score: 1

      That the Plaintiff doesn't have to prove that there is no possible way the statement is true doesn't mean the plaintiff doesn't have the burden of proof.

      If the plaintiff proves that the defendants statements were public and defamatory, the defendant has to prove that the statements are factual. If there is no proof either way of the factuality of the statements, the defendant looses.
    20. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0

      God damn it... why can't people grasp this simple difference...

      THEN they will lose.

    21. Re:Its not that hard a problem. by Frank+T.+Lofaro+Jr. · · Score: 1

      Care to provide a cite for that being the case in the US?

      That sounds like UK law to me.

      --
      Just because it CAN be done, doesn't mean it should!
    22. Re:Its not that hard a problem. by JoelKatz · · Score: 1

      I'm not sure what law you're thinking of, but in the United States, that is most definitely not how it works. It's not even remotely close if the Plaintiff is a public figure.

    23. Re:Its not that hard a problem. by Anonymous Coward · · Score: 0

      So wouldn't that make accusing anyone of anything a crime? Sure maybe she doesn't have evidence, but at some point there is no evidence on any suspect. I think if a person wants a job in the public eye (this includes school workers) then they have to bear the criticism of those who pay their salary.

    24. Re:Its not that hard a problem. by zolaar · · Score: 1

      Socrates did play hockey.


      He also loves...

      Baseball!
      --
      One man's constant is another man's variable.
    25. Re:Its not that hard a problem. by kryten250 · · Score: 1

      In a libel action, the plaintiff must prove three elements of the tort of libel, "the plaintiff has to prove it's false." You either just proved me correct or by circular logic and lewd comments you just think you're right. Reminds me of people calling me A$$ whenever I one up them. Anyway, I think this is why it is going to the courts and not arbitration.

      --
      FlyingPizzas.com, for the tasteful hermit
  7. Shocked? by Anonymous Coward · · Score: 0

    Only if your a criminal, I hear

    1. Re:Shocked? by Anonymous Coward · · Score: 0

      Nope. Lethal injection.

  8. Sounds like... by jimboindeutchland · · Score: 0
    just another case of somebody butting heads with the Streisand effect.
    I also find it interesting that the district...

    would file a suit on behalf of administrators in their official capacities and individual board members. The suit, however, would be funded from the district's budget.
    Considering (according to TFA) the libelous material is targeted at individuals not the School District. Obviously when you're in charge of a government department you can do what you like with the monay[sic].
    --
    this post is now diamonds!
  9. Just so you know, Texas is by Anonymous Coward · · Score: 0

    Just so you know, Texas is bigger than all the other states, combined !! and everyone's a millionaire !!

    And don't you look at my girlfriend
    Cause she's the only one I got !!
    Not much of a girlfried
    I never seem to get a lot

    1. Re:Just so you know, Texas is by Sciryl+Llort · · Score: 2, Funny

      Just so you know, Texas is bigger than all the other states, combined !!

      # Hey Shell, you know it's kinda funny,
          Texas always seemed so big
          But you know you're in the largest state in the union,
          When you're anchored down in Anchrage .. /#
    2. Re:Just so you know, Texas is by sm62704 · · Score: 1

      Actually, that's incotrrect. Alaska has a larger land mass and California has a larger population. And the words to "Breakfast in America" are wrong too.

      Damned anonymous cowards these days, get off my lawn you whippersnappin' ACs!

      -mcgrew

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    3. Re:Just so you know, Texas is by roguetrick · · Score: 1

      Of course its incorrect, he said it was bigger than all the states combined, which would make Texas take up more than half of the country.

      --
      -The world would be a better place if everyone had a hoverboard
  10. Can a citizen libel his government? by Anonymous Coward · · Score: 1, Informative

    And can the government sue even if he does?

    War for Oil.

    Bush Lied, Thousands Died.

    That Shambling Ape in the White House.

    Chimpy McHaliburton.

    Ok, I'm convinced. That lady should be sued by the government for libel.

    As should the above traitorous fools.

    1. Re:Can a citizen libel his government? by Dragonslicer · · Score: 1

      The difference is that of the four statements you list, two wouldn't be considered statements of fact (no sane court would rule that saying Bush isn't biologically human is meant to be a real statement of fact), one isn't a specific statement ("He lied" is pretty vague), and the other is debatable enough and somewhat vague (you can't really prove or disprove someone's motivations for taking an action). While agree that the school administrators don't really have a case for "lying" and "manipulating" being libel, "falsifying budget numbers" is specific enough, and most likely able to be proved or disproved by a detailed audit, that it could at least get looked at by a court.

  11. This is what annoys me the most. by Shivetya · · Score: 3, Insightful

    They know that previous rulings prevent the district from suing so they are doing a run around. It is my belief that if this actually makes it to court and the district loses then the money MUST be repaid by everyone on the board that brought the suit.

    Frankly, posting anything about government officials, other than death threats or personal information, should not be discouraged. If the public cannot voice their disagreements with local officials then we are no longer free. The fact is, the public officials don't have to like what is posted about them, thats their choice. It is not their choice to silence people who post such.

    while that sites forum is a pain to read it does appear that most of the people complaining are doing so with good maturity. The problem for the district is that people are connecting the dots, adding up the numbers, and then questioning it.

    That the district would use a back door method to skirt a previous court ruling about suing only lends more credit to those posting on the blog.

    Whats next? Suing people who start recall drives? Perhaps the members of the blog should try that next.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:This is what annoys me the most. by chuckymonkey · · Score: 1

      The other problem that I see with this is that the way they are going about it only serves to reinforce what the defendent was saying in the first place. I would think that as an elected official the simplest way to deal with something like this is to completely ignore it and if a question is posed directly then give a direct answer. Should someone reference the site a simple "Everyone is entitled to an opinion." would suffice for 99% of people.

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    2. Re:This is what annoys me the most. by thefirelane · · Score: 1

      Frankly, posting anything about government officials, other than death threats or personal information, should not be discouraged. If the public cannot voice their disagreements with local officials then we are no longer free. The fact is, the public officials don't have to like what is posted about them, thats their choice. It is not their choice to silence people who post such.

      So you had no problem with GW Bush spreading rumors of John McCain's illegitimate black child?

      What about that Swift Boat Veterans for Truth garbage?

      Sorry, you can't just make up lies about people, even if they are in public office. In fact, keeping people from spreading outright lies becomes even more important for informed voters

    3. Re:This is what annoys me the most. by Elemenope · · Score: 1

      But in truth these are torts against those particular individuals, not against the government proper. If they then used positions of authority to appropriate tax funds to assist their suit, that would be inappropriate, no? I think it a reasonable rule that the government cannot sue for libel/slander. Individual officers may do so on their own time as per any individual injury, knowing of course that the bar is raised because they are such public officials and thus natural targets of opinion and speculation.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    4. Re:This is what annoys me the most. by Anonymous Coward · · Score: 0

      Sorry, you can't just make up lies about people, even if they are in public office. In fact, keeping people from spreading outright lies becomes even more important for informed voters If your examples were truly egregious, then your assertion here would be false. I don't remember the upshot of the McCain story, but as far as Kerry's Swiftboat problem goes, none of the statements against him were disproved. The media made them appear false through tortured logic. Their main argument was that, "none of the detractors served on John Kerry's boat." Well, one of them did, but the bigger point is: BFD. They still served together in a close working relationship. They knew each other. They interacted. At the end of the day, all important events on all the boats would have been reported, sworn about, laughed at, etc. through several rounds of beers.
    5. Re:This is what annoys me the most. by penguin_dance · · Score: 1

      So you had no problem with GW Bush spreading rumors of John McCain's illegitimate black child?

      So you won't mind if I think your accusation that GW Bush spread those rumors about John McCain is libelous?

      Just saying....

      You can't have it both ways. The point is, you have a lot more leeway when commenting on a public figure (in the US) than you do Joe Blow down the street. Whether they're elected or public because of the nature of their job (such as a professional football player, hollywood star or even a TV news anchor.) Citizens are expected to be able to scrutinize and even satirize public officials without becoming the object of a lawsuit. These officials forget they're here to serve the PEOPLE, not their own interests. And now they're just drawing even more attention and scrutiny to themselves.

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    6. Re:This is what annoys me the most. by Gailin · · Score: 1

      "So you had no problem with GW Bush spreading rumors of John McCain's illegitimate black child?

      What about that Swift Boat Veterans for Truth garbage? "

      I may not like what they are saying. But I believe they have the right to say it. The Washington State Supreme Court recently struck down a law that supports your position. We'll see what the US Supreme Court says if they hear the case.

      http://seattletimes.nwsource.com/html/localnews/2003926782_scow05m.html

      "In Thursday's Supreme Court ruling, Johnson said, "The notion that the government, rather than the people, may be the final arbiter of truth in political debate is fundamentally at odds with the First Amendment."

      --
      I wish there was a fscking blue pill
    7. Re:This is what annoys me the most. by E++99 · · Score: 1

      Frankly, posting anything about government officials, other than death threats or personal information, should not be discouraged. If the public cannot voice their disagreements with local officials then we are no longer free.

      We're not talking about disagreements. We're talking about unprovable defamatory accusations. Why should people be allowed (in fact, not even be "discouraged") from making up false accusations against government officials. What public good does that serve? The public harm is obvious.
    8. Re:This is what annoys me the most. by Rambuncle · · Score: 1

      Their main argument was that, "none of the detractors served on John Kerry's boat." Well, one of them did, but the bigger point is: BFD. They still served together in a close working relationship. They knew each other. They interacted. At the end of the day, all important events on all the boats would have been reported, sworn about, laughed at, etc. through several rounds of beers. Of course you would prefer the accounts of men who may have had beers with Kerry, as opposed to people on the boat(or the man he saved). You might want to zip up your jacket, your bias is showing.

  12. Generate your own bad publicity by WibbleOnMars · · Score: 5, Insightful

    I don't know the details of this story, whether there's any merit in the school's arguments or not, because I haven't read the original blog (and even if I did, I'd be reading a one-sided biased view), but they are being seen to have gone in heavy-handed with the lawyers, and the result is that a small local dispute has been syndicated in Slashdot, and probably plenty of places elsewhere. Effectively by calling in the lawyers, they've turned a small amount of bad publicity into a very large amount of much worse publicity. This is something I've noticed happening a lot lately (most obviously with the RIAA etc). So regardless of the merits of the case, the lesson seems to be if you're considering calling the lawyers, you'd be wise to try less drastic steps first to get your point across. And if you're on the receiving end of a nasty letter from the lawyers, blog about it in a way that focuses on how it affects your rights, and make sure Slashdot gets to hear it.

  13. Elected Officials by dreamchaser · · Score: 5, Insightful

    These are elected officials we are talking about. School board members are chosen by election. The rules for libel are far different for public figures than for private individuals. This might get interesting. The defendent's speech is political in nature so we're talking First Amendment issues here.

    1. Re:Elected Officials by stewbacca · · Score: 1

      It is much harder for a public figure to go after someone for libel, but does an elected official that most people don't even know count as a "public figure"? Calling all IANAL's out there in /. land.

    2. Re:Elected Officials by Jeff+DeMaagd · · Score: 2, Interesting

      I think it's at least odd if not sad or offensive that the school budgets will be used to prosecute this even if school districts can't directly sue anyone. The fact that they are doing this makes me suspicious of their arguments. Not that it really surprises me, educators and school administrators sometimes are known to go on goofy power trips, but knowing nothing about this case, I should try to be fair about it. It's also possible that the parent just has some kind of axe to grind because of some perceived or minor offense.

    3. Re:Elected Officials by pla · · Score: 4, Insightful

      does an elected official that most people don't even know count as a "public figure"?

      In most places, these people have more power than the rest of local government combined. They usually control over two-thirds of the town/city budget, they have the power to make the life of anyone with children a living hell, and they usually have so little oversight as to make them nearly bulletproof in a scandal.

      Even if you don't have kids, you damned well better have an interest in what goes on with your local school board (unless you don't care how rapidly your excise and property taxes go up).

    4. Re:Elected Officials by WaxPhotographic · · Score: 1

      Lets see what happens with this and a Facebook group... http://www.facebook.com/group.php?gid=5825738795 Join up!

      --
      You don't take a photograph. You ask, quietly, to borrow it.
    5. Re:Elected Officials by Steve+B · · Score: 1

      I think it's at least odd if not sad or offensive that the school budgets will be used to prosecute this even if school districts can't directly sue anyone.

      If (as described) they are suing as individuals in order to do an end-run around that, then tapping the school budget to fund the lawsuit is no different from tapping the school budget to fund a weekend in Aruba.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:Elected Officials by spockman · · Score: 3, Insightful

      I also find it very interesting that it appears that school funds would be used to what utimately sounds like funding private lawsuits. Isn't that one of the misues of funds that the blogger is talking about?

    7. Re:Elected Officials by fishbowl · · Score: 1

      There's a long history of Dallas School Superintendents abusing their position.

      I grew up in a house that was built by a former DISD Super. It was blatant. The bricks, the flooring, panels, electrical fixtures, doors, you name it, all from school materials, and this was very obvious to anyone of the right generation. Anywhere you looked in our house, you saw things that were characteristic of the local schools built in the 1940s. People would remark on it, my parents would say it was built by (I'm trying to remember his name), and the understanding would be clear. Now, maybe he somehow bought all those building materials from the school district's vendors; I'm not saying there was any corruption involved.

      --
      -fb Everything not expressly forbidden is now mandatory.
    8. Re:Elected Officials by Anonymous Coward · · Score: 0

      At what point does the blogger be held accountable?
      I have seen cases where local public officials are called drug addicts, accused of stealing from the town/hiring friends and or family/fixing the books, etc where none of it was true.
      The blogger continues (usually hiding behind some fake anonymous id) regardless of his being proven wrong.. just doing it over an over.

      People's lives are ruined, thier reputations tarnished, families broken up by false accusations of affairs...

      You get to the point where nobody of value will run for office.

      Yet the "bloggers" continue, claiming that because the "victims" are "public figures," then they can say anything they want about them.

      The cases are too small for lawyers to deal with, unless you do something like what is happening here.

      I applaud the school system for fighting back.

      There needs to be some form of accountability.

    9. Re:Elected Officials by Chris+Burke · · Score: 2, Interesting

      I like the observation that court precedent says you can't be sued for libeling the government, so instead they decide they're going to sue on behalf of the individuals in their official capacities (because the alleged libel wasn't about them in their private life, it was about their performance in their official capacities).

      Their "official capacities" are being members of the government. So what good is the precedent if it only protects you from suit for libeling the government, if they can just sue on behalf of the individuals that make up the government being criticized? Does it matter if I name names? Can I say "Katrina proved that FEMA was a mismanaged clusterfuck of cronyism and incompetence all the way up to the director" but not "Katrina proved that former FEMA director Michael Brown was an incompetent crony"? Or does the former imply the latter such that Michael Brown could still sue me?

      We'll see what happens, but I kinda hope the case gets dismissed on the grounds that there is no difference between the government and "administrators in their official capacities" in the government.

      --

      The enemies of Democracy are
    10. Re:Elected Officials by ScrewMaster · · Score: 1

      No kidding. Out of the property tax bill on my home, 65% goes to "education", whatever the hell that means anymore. Sixty ... Five ... Percent. That overshadows all other county and city service expenditures by a substantial margin, and believe me, I feel it. Now, in my area, it's largely due to the influx of illegal immigrants. The local empire-building "Board of Education" is perfectly happy to build any number of new schools to handle these people, no matter what the cost to the local taxpayers. Interestingly enough, so far as I know none of the board members are Hispanic, but they are certainly using the flood of new "students" to augment their hegemony. It's insane, really. People are losing their homes because of the bastards running our school system. The middle class is on the hairy edge of bankruptcy, and school administrations will cheerfully push what's left of it over the cliff.

      Self-serving assholes, all of them. Modern medicine really needs to classify the desire for power over others as a mental disorder, and treat it accordingly. Furthermore, like many other pathological conditions, sometimes that means you don't get to hold certain positions (for example, an epileptic airline pilot would be a no-no.) We need to get the empire builders out of our government and in prison where they belong (or in mental institutions, if you really think they can be rehabilitated.)

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:Elected Officials by Anonymous Coward · · Score: 0

      keep this up and you will have a very promising future in politics.

    12. Re:Elected Officials by cdrguru · · Score: 1

      People may be losing their homes over property tax increases, but it isn't the school board that is making THAT decision. That decision was made when the state decided that every child, regardless of status, was going to be educated. Then the Federal Government decided that the borders should not be defended against invasion. Then the cities, towns, villages decided it was too much trouble to turn people over to the INS when they were determined to be in the country illegally.

      Then there is the law that says a baby born in the US is automatically a citizen who can have its parents in the US to care for it. And brothers and sisters, cousins, uncles, aunts, grandparents and the rest of the village.

      So now we have all these children that need to be educated. Make no mistake about this, it wasn't a local decision. If the school board doesn't educate them, they will be replaced with a board that will.

    13. Re:Elected Officials by Dhalka226 · · Score: 1

      The local empire-building "Board of Education" is perfectly happy to build any number of new schools to handle these people, no matter what the cost to the local taxpayers.

      To be fair, they are Constitutionally required to educate all children, even illegal immigrants, at least according to current US Supreme Court precedent.

      I suppose that does not necessarily mean they have to build new schools, but you can only cram so many students into schools before it simply doesn't work anymore--including for the children of citizens.

    14. Re:Elected Officials by Stiletto · · Score: 0, Flamebait


      Blah, blah, blah, blah, blah. Why don't you quit couching your obvious racism and nationalism with that "defend the borders against invasion" rhetoric, and just admit you only want your tax dollars to be spent educating fair-skinned people of European descent? So they crossed an imaginary line in the desert without getting some papers signed and stamped. You act like this is the most heinous of crimes ever committed anywhere in the history of the world.

      Then there is the law that says a baby born in the US is automatically a citizen who can have its parents in the US to care for it.

      Admittedly, I don't know your background, but something tells me that you're also a Citizen simply because you happened to have been born here. And unless you're Native American, all of your ancestors probably at one point crossed that precious border of yours, and had an easier time doing it than modern immigrants have.

    15. Re:Elected Officials by Fulcrum+of+Evil · · Score: 1

      So they crossed an imaginary line in the desert without getting some papers signed and stamped. You act like this is the most heinous of crimes ever committed anywhere in the history of the world.

      Fuck you for crying racist because someone doesn't like footing the bill for someone that invaded the place and demands civil services.

      All I see is someone pissed because their schools are being overrun by illegals, while the people charged with protecting them do nothing. Nothing racist about that. The imaginary line you point to is a legal boundary, and crossing that line means that you're subject to different laws, so it does matter. Nobody cares that they're mexican, they just happen to be the biggest crowd in the border areas.

      And unless you're Native American, all of your ancestors probably at one point crossed that precious border of yours, and had an easier time doing it than modern immigrants have.

      What immigrants? Illegal aliens aren't immigrants, they're aliens. They haven't got a visa, they aren't here legally, etc, etc. The guys that built this country were partially immigrants, but they conquered the country. Get over it.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    16. Re:Elected Officials by ScrewMaster · · Score: 1

      And why don't you stop confusing the GODDAMN ISSUE. It really torques me into a pretzel when citizens do nothing more than ask for the law of the land to be enforced and get labelled as racist. Look, illegal immigration is a serious problem ... one that is slowing bringing America to it's knees. I don't remember the GP stating at any point that only white folk should be allowed to stay here: but he was quite correct in pointing out that illegal (yes, for the memory-impaired that's illegal) aliens should be sent home. Or, better yet, not allowed to come here in the first place.

      And yes, I do want my tax dollars (yes, that's my tax dollars!) spent educating American citizens (of any race, creed or color) so that they can be competitive to some degree in this insane Free Trade Global Economy mess that people like you have gotten us into. I don't want them spent educating illegal criminals. I don't, and as an American citizen that's my right. And you know what? Even if that's a (according to you) "racist" perspective (and it's not) it's mine to hold. Get used to it: citizens of any country have the right to decide, collectively, who they do and do not want crossing their borders.

      Furthermore, the widespread abuse of a compassionate law that allowed the few expected children born to foreign parents to be granted citizenship is an equally great (if not greater) concern. Get your head out of the sand: even if you are of Hispanic descent you'd best realize that your countrymen are killing the Golden Goose. We're all going to regret that, and probably sooner than later. Rather than bringing down our Golden Age, I say: go forth and build your own. Oh, your culture is even more miserable and corrupt than the America's and you can't pull that off? Too bad. There's a reason countries have borders: they determine that which is ours and that which is theirs.

      And, uh, dude, being a citizen of any nation involves either a. having been born there or b. having been naturalized by legal process. This insane idea that America doesn't have to abide by standards of immigration and naturalization that all other countries do is just WRONG. Equally wrong is the idea that America's resources are open for the taking for anyone who can get over the border and not get caught. Get it through your head: if you weren't born here, if you weren't legally naturalized, then it doesn't matter who you are, you are a criminal and you don't have any right to be here. Period. End of the goddamned statement. That's the case no matter where you go on this planet, and I have news for you: America is no exception!

      Grow up and learn some history, and realize that this isn't a racist issue at the core. However if Mexico's government keeps pushing our buttons it may very well become one.

      --
      The higher the technology, the sharper that two-edged sword.
    17. Re:Elected Officials by Stiletto · · Score: 1

      So, let me get this straight: Your ONE AND ONLY problem with them is their legal status.

      So, hypothetically, if they were all sent a form tomorrow saying "Sign this, and you're legally here" and they all did, you'd be fine with their existence (because they're now legal)?

    18. Re:Elected Officials by stewbacca · · Score: 2, Insightful

      And to be even more fair, the money has to come from somewhere. At least with property taxes I have *some* control of the quality of my children's schools (as long as I have a nice income and live in a nice house, that is). As is usually the case, people are crying for services, but don't want to pay taxes. You can't have both. Take away the taxes and bye-bye free schools.

    19. Re:Elected Officials by Stiletto · · Score: 1


      OK, so I'll pose to you the same question I posed to the other guy: The problem is, they're "illegal." So, if they were all sent a form tomorrow saying "Sign this, and you're legally here" and they all did, you'd be fine with their existence (because they're now legal)?

    20. Re:Elected Officials by Fulcrum+of+Evil · · Score: 1

      No, I'd want the heads of whatever fool politicians repeated Reagan's amnesty program. The problem is that we have a lot of people here who aren't americans, haven't been through immigration (so we can filter out the gangbangers), have no loyalty to this country (Mexico is their home), and just work here because the pay is better. Mexico loves the arrangement because it's their number 2 or 3 industry and they don't have to deal with poor people demanding a fair shake (they just come here). The sheer volume of illegals is overwhelming the schools and hospitals and the fact is, they get a sweeter deal (free ER, free school) than the people who pay for it. Doesn't that rankle you just a bit?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    21. Re:Elected Officials by Stiletto · · Score: 1

      Again, if your only problem is that they're not Americans, they can be easily made Americans with the stroke of a legislative pen, or by allowing them to go the legal way. But that's not really your problem with them.

      But your problem really is that they were born on one side of the dotted line, and you were born on the other, and that PURELY because of this, you should have the opportunity to succeed and they should not. You should have the safety net of welfare and Medicare, god forbid something happens to you, but they should not. You think of America as some kind of exclusive, gated, golf course community where only the privileged few can get through the gate, and I think of it as a place where anyone who wants to work and get their hands dirty should have the opportunity to do so, regardless of what side of the line in the desert they were born.

      I know lots of illegal immigrants. They vary in level of education and job skills, but all of them, like MY Irish ancestors, want to put down roots here, work hard, and enjoy the opportunities of this country. Unfortunately, UNLIKE my Irish ancestors, there is virtually no legal way they can do this these days. I would bet that many, if not most "illegals" would love to immigrate the legal way, if there was one.

    22. Re:Elected Officials by Fulcrum+of+Evil · · Score: 1

      But that's not really your problem with them.

      My problem is that they're not americans and they're coming here in great numbers and making a mess of things. What is your problem with border control?

      But your problem really is that they were born on one side of the dotted line, and you were born on the other, and that PURELY because of this, you should have the opportunity to succeed and they should not.

      It's their house over there. Not fair, but that's their lot. Go fix it.

      I know lots of illegal immigrants. They vary in level of education and job skills, but all of them, like MY Irish ancestors, want to put down roots here, work hard, and enjoy the opportunities of this country.

      Heh, mine were Irish too. Maybe the mexicans could go sack that fucker in Mexico city.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:Elected Officials by pla · · Score: 1

      So, hypothetically, if they were all sent a form tomorrow saying "Sign this, and you're legally here" and they all did, you'd be fine with their existence (because they're now legal)?

      Yes, actually, and that form already has a name: "W4".

      Okay, class, now who can tell me what box #2 on a US W4 form asks for?



      So, let me get this straight: Your ONE AND ONLY problem with them is their legal status.

      I don't think many people have claimed that, but it gets trickier in that some people can't mentally separate "racism" from "statistics".

      The only reason you can try to disguise this as a racial issue, betrays the very problem you would gloss over - Canadian immigrants come here legally, contribute to society, and try to adapt to US culture. Western European immigrants come here legally, contribute to society, and try to adapt to US culture. South (NOT "Central") American immigrants (hmm, largely the same race as the one you'd accuse us of disliking) tend to come here legally, contribute to society, and try to adapt to US culture.

      And what rather conspicuous category does that leave? Y'know, the ones who tend to sneak in illegally, drain societal resources, and hold street marches (using our first amendment right to flaunt their true level of interest in obeying our laws) waving Mexican flags in our faces and demanding we teach their anchors in Spanish (My apologies to all the actual Spaniards who cringe at the association of their beautiful language with the debase patois spoken South-of-the-Border)?

      And what valuable skills do these fine and upstanding folks bring to the plate to justify their citizenship? Virtually none except a willingness to do manual labor cheaper than the traditional standby, early-teen males.



      So you'd cry racism? No, my misguided friend, not racism. Some of us just dislike parasitic infetions.

    24. Re:Elected Officials by goldspider · · Score: 1

      You know that we agree that legal immigration should be much easier than it currently is. I don't, however, think it's unreasonable (and certainly not "racist") to filter out bad people who don't necessarily share the goals of the majority of immigrants coming here to make a better life for themselves.

      I also don't think it's unreasonable to expect immigrants to assimilate into the culture they are joining. These days you can't even encourage immigrants to learn English without being branded a racist, even though doing so will greatly increase their chances to succeed here.

      I'm sure you also realize that the big industries that exploit immigrant labor would fight such a "solution" harder and more effectively than any anonymous Slashdot racist.

      --
      "Ask not what your country can do for you." --John F. Kennedy
  14. Actual content of dispute? by stormguard2099 · · Score: 2, Interesting

    after I RTFA i didn't see where they mentioned the actual content in dispute. Could someone point out where this libel actually is on the site? I would like to read what GSID is actually trying to remove before I form an opinion on the matter.

    --
    http://greenobyl.com/ please.... think of the children!!
  15. The blog by beezly · · Score: 1, Redundant

    The blog is at http://www.gisdwatch.com/

  16. Mod Parent Up by Anonymous Coward · · Score: 0

    Informative
    (would do it, but I've already posted to this topic)

  17. Their filing suit will prove it true. by www.sorehands.com · · Score: 2, Insightful

    If they use the district's money to file the lawsuit with the individuals as plaintiff will make the statements that they use district funds for personal gain a true statement.

    Shame on everyone else here. You all forgot the part about CDA immunity.

    1. Re:Their filing suit will prove it true. by Myopic · · Score: 1

      I wouldn't necessarily say that defending yourself against libel qualifies as "personal gain". What did you gain by defending yourself? Really all you did was stop a loss of dignity, not gain any dignity; and if that dignity is professionally valuable, then it is reasonable that the employer might contribute to the defense.

  18. why she posted by carou · · Score: 5, Funny

    One might almost say, it sounds like Tetley's bitter.

    1. Re:why she posted by Silver+Sloth · · Score: 1

      And all over the US /.ers are going 'what?' - but you certainly brightened my morning - thanks for making me laugh.

      --
      init 11 - for when you need that edge.
    2. Re:why she posted by cthulu_mt · · Score: 0

      English humour...groan.



      See what I did there?

      --
      Virginia is for lovers. EVE is for griefers.
    3. Re:why she posted by the+hermit · · Score: 1

      Or Tetley's Tea'd off!

    4. Re:why she posted by Maradine · · Score: 1

      You arrogant bastard.

      --

      trustedworlds.net - gaming, security, and the gunk that lives in between

    5. Re:why she posted by Anonymous Coward · · Score: 0
  19. She'd better be able to back up those accusations by GauteL · · Score: 4, Insightful

    "falsifying budget numbers, using their positions for "personal gain," violating the Open Meetings Act and spying on employees,"

    These are all very serious accusations of criminal behaviour from members of the school board. Unless Tetley has any proof of these accusations I can see why they could be considered libelous.

    Whether or not it is good publicity to sue is another matter.

  20. When will people learn... by psychicsword · · Score: 0

    Note: I am not a lawyer.
    Just read the usual replies on a pro-microsoft comment and it is proof that this is ridiculous. When will people learn that I could accuse anyone of doing anything and it wouldn't necessarily be worthy of a law suit. Lets say I accuse Hilary Clinton of selling her soul to the devil, but I never put out conclusive proof that she did. Now if she provided conclusive proof that she didn't, I would be obligated to withdraw my remarks or people will assume I am just trying to ruin her reputation. The only time I personally think the suit would stick is if they publicly provided evidence against this and she continued accusing them, but that is just my opinion and I am not a lawyer.

  21. than vs then by Anonymous Coward · · Score: 0

    >If the accusations are true, than they will lose.

    Should be "If the accusations are true, then they will lose."

  22. GISD Watch by sd790 · · Score: 0, Redundant

    The site of the blog: http://gisdwatch.com/index.php

    1. Re:GISD Watch by mikael · · Score: 1

      I read through some of the links - this is possibly the funniest/saddest link I found:

      Your bucket is full of ...

      This is a motivational course for teachers, which compares being a teacher to being a POW in North Korea...

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    2. Re:GISD Watch by mikael · · Score: 1

      That should be Bucket full of...

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  23. Blog Details by HomeLights · · Score: 0

    I have not read the blog but did the poster mention at all that "This is expressly my OPINION"?? - I would think that the "opinion clause" would help CYA him from trouble. In a similar story, I remember when Dunkin Donuts was getting upset at a website/blog that had people posting all negative experiences about the food chain. They told the owner to cease and desist and yelled slander, etc. The owner of the blog/website did not back down because there was no merit to do so. It was his and thousands of posters opinion of their experience with the company. Eventually, Dunkin Donuts found the only way to stop the bleeding was to cut it off. They bought the website/blog from the owner and then shut it down.

    --
    Stop by and watch a Christmas movie, commercial or cartoon! -->http://www.XmasDVD.com
  24. Re:She'd better be able to back up those accusatio by Yartrebo · · Score: 2, Insightful

    Those aren't serious allegations. These are run of the mill things. Who doesn't fudge budgets? Who doesn't use their position to advance themselves or their relatives (ie., nepotism)? Who doesn't spy on their employees (ie., read employee email or go hunting for personal webpages)? I'm not sure what the Open Meeting Act is, but if it's anything like the Freedom of Information Act, who follows that to the letter?

    The thing is, unless these administrators are angels (and they're probably human, not angel), the allegations are probably true. These are things people of average moral character do on a normal basis. People of good moral character usually don't do this, but then again, I doubt they'd make it into a management position. Management usually goes to 'yes' people, not people with strong morals.

  25. Similiar issue by stevedmc · · Score: 0
    I had a similiar problem back when I was in high school. Back in 2000 I was a senior at Ponchatoula High School in Louisiana. I decided it would be fun to own www.ponchatoulahigh.com and make a parody of the school's real website which was something like www.i-55.com/tangischools/phs at the time.

    I registered the name, made my parody site, and within 24 hours I wasn't allowed to use the computers at school. I was even restricted from using my assigned computer in my computer science class. As soon as the principle found out I was in her office and the person in charge of the parish (county) computer system for the school threatened to sue me.

    Needless to say, I kept using the name www.ponchatoulahigh.com and I still own it today. They have never sued me and I lived happily every after.

    I dont think a school should have the right to penalize a student for whatever activity occurs at his or her home. Plain and simple.

  26. Re:She'd better be able to back up those accusatio by JoelKatz · · Score: 1

    As they come from a chronic speeder who fails to take seriously our great nation's speed limit laws, I see no reason to consider your argument seriously.

  27. but it stops future bad publicity by walterbyrd · · Score: 3

    These lawsuits have a chilling effect on others who might want to expose wrong-doing.

  28. It's their sense of entitlement! by erroneus · · Score: 1

    I have seen this too many times in too many places. People in power or in fame somehow believe they have an entitlement above others... actually, I have seen that in people without power and fame as well.

    I would love to see this one go to court. I would love to see these anti-free-speech government employees ousted from their elected, self-serving positions.

    When I read through the blogs, there are definitely some serious issues that need to be addressed. Unfortunately, there aren't enough state and federal officials to clear out the corruption. Just look at how long it has been taking the FBI to bring charges against people in Dallas. That couldn't happen soon enough either!

    It's more than people doing secret back-room deals for their personal gain and benefit. It's that they do so with impunity and they believe they are somehow entitled to this! It's their sense of entitlement that really enrages me. The corruption itself is, more or less, an eventuality and in small doses, no one really cares that much. But the arrogance displayed in trying to skirt law while using public money to fund legal activities for personal legal attacks? Are the defendants allowed to use public money to defend against these attacks?

  29. So it's no problem - if you have infinite finances by walterbyrd · · Score: 1

    If the poster can prove that any factual statements he made, are true, then he has a strong defense.

    But, at what cost? Any well financed institution can easily run your legal expenses into the the tens of thousands - and very possibly more.

    Then there is the issue of your time, if you have a full-time job, or if you are full time student, or parent; you just may not the time to spend the next few years in the court room. Big institutions know this.

  30. US public schools suck by FridayBob · · Score: 1

    This dispute is hardly surprising if you know something about the background issues. For anyone interested, here's a link to a 20/20 report called "Stupid in America"; a little over 40 minutes long, but very informative. After watching the report, it seems to me teacher's unions are mostly to blame; they don't take shit from anyone and resist making any changes at all to the system. All they ever seem to want is more money, even when it's clear to everyone else that private schools, and schools in other countries, can achieve far better results with a lot less. Unfortunately, most parents in the U.S. can't afford private schooling for their kids. IMHO, the U.S. public schooling system is a waste of tax dollars, it unforgivably condemns bright minds to lives of ignorance and manual labor, and I believe it's one of the main reasons why America is fast losing it's dominant economic position in the world today.

    1. Re:US public schools suck by darjen · · Score: 1

      Public schools have got to be one of the biggest jokes in America. It doesn't matter how poorly they do, people will adamantly defend them day in and day out. Then they will throw more money at the problem, and pretend that fixes it. The reason that most people can't afford private school is because so much of their money is taken and wasted on public schools. All but the best private schools have basically been squeezed out as much as possible.

    2. Re:US public schools suck by Anonymous Coward · · Score: 0
      Unfortunately, most parents in the U.S. can't afford private schooling for their kids.

      Yes they can. If most parents couldn't afford private education, there wouldn't be the money to blow/waste/embezzle via public schools. Unless one has more than 3 kids, I seriously doubt that a median-priced private education would exceed the taxes lost on real estate, sale of goods, and state income. Undoubtably, some could not afford it. They would be the exceptions just as people who cannot afford to feed their family are the exception, not the rule.

    3. Re:US public schools suck by Anonymous Coward · · Score: 1, Insightful

      it seems to me teacher's unions are mostly to blame; they don't take shit from anyone and resist making any changes at all to the system. All they ever seem to want is more money, even when it's clear to everyone else that private schools, and schools in other countries, can achieve far better results with a lot less.


      I'm not normally one to defend unions (I have a strong dislike for them in general). However, in the United States culture today the teacher gets little to no respect and has virtually no power in the classroom anymore. The inmates run the asylum.

      On examination it appears pay is very much a regional issue in the United States. The average pay varies widely from state to state.

      I'm sorry, but sometimes teenagers need to be told who's boss, and you just can't do that in today's classroom without a thousand lawsuits. Education in large groups like in public schools requires a disciplined atmosphere most of the time (though breaks for fun stuff are required for class morale, and this time can be quite educational as well).

      The fact is that to get any bright young person with the slightest motivation to teach public school to prostrate themselves to the parents and kids like they have to today you have to pay big . The result of this on the education system is obvious. Public school teaching today is daycare, policing, special needs care (beyond the tools and funding available) and accepting responsibility for the inadequacy of the parents of every child. Who wants that? You could not pay me enough.

      There is very little opportunity for learning in the modern classroom, that just kills any teacher with spirit. The stress and risk in public teaching today requires considerable remuneration (which is adequate in some states and horrifically low in others).

      I do not envy the public school teacher today one little bit. It is a wonder they can get anybody to do it. I like teaching people things and have a love of science, but I would never have even remotely considered a career in public school teaching, given the atmosphere and lack of respect.

      I think we need to seriously re-evaluate the approaches to public school teaching given the legal environment and physical risks of modern urban public schools. The century old model has failed and we should not be surprised.
    4. Re:US public schools suck by eyendall · · Score: 1

      "the stress and risk in public teaching today requires considerable remuneration" I disagree. As you say, too little teaching and learning is taking place in schools. Therefore it follows that current degree-heavy teachers are over-qualified and over-paid. Baby-sitting does not require a college degree but a caring adult. There are lots of those around willing to work for much less than current teachers. And who knows, you may find many wonderful natural teachers among them, people who motivate and inspire their students. The public school system lost its way when it agreed to put the emphasis on academic educational qualifications and seniority rather than teaching ability and results. Anyone who can navigate Wikipedia and google has the content to teach primary and middle-school subjects. Teaching is an innate ability, reinforced by experience, not learned in college and demanding Masters and PhD degrees. Encourage the hiring of high school graduates, put them (and college graduates) on teaching probation for three years under close supervision, and keep the best. Pay teachers for their teaching ability and results, not for their largely irrelevant years spent in college. Have their performance assessed by administration, peers, students and parents, overseen by an independent agency. Fire the bottom 5-10% of teachers each year. To hell with the unions.

    5. Re:US public schools suck by Shadow99_1 · · Score: 1

      baby-sitting, strangely enough, does now require a college degree... I should know as my mother never finished her college degree and used to work in day care, but they laid down the rule that if she was going to stay on she'd have to finish her degree. She choose not to, since she doesn't want to have to relearn things from three decades ago... Not that she really had the money to anyways... Working in daycare she made $7.50/hour...

      --
      we are all invisible unless we choose otherwise
    6. Re:US public schools suck by eyendall · · Score: 1

      You and I know that baby-sitting does not "require" a college degree. It is a requirement that some idiot bureaucrat driven by some idiot parents abetted by idiot politicians and lazy employers who don't want to check-out an individuals real experience, has decreed. A college degree does not "make" you a competent and caring baby-sitter although some degree holders may well be such. So are a host of non-degree holders. The degree is irrelevant. Ask your mother.

  31. [OT] As a parent, by hummassa · · Score: 0, Flamebait

    who has a 8-yo and a 1-yo, if I go to a store with a 3-yo, and he/she starts screaming at the top of its lungs, I couldn't care less unless he/she is in danger of damaging any goods at the store, in which case I would physically restrain him/her, which would make him/her scream even louder ;-) I wouldn't call this keeping under control, but... Yeah, you have a point. Editors could (should) have linked to the damn blog (and yes, it would be too much to expect that...)

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:[OT] As a parent, by jedidiah · · Score: 1

      That's a stupid position.

      That uncontrolled brat will likely become an uncontrolled hooligan when they are older.

      I'd rather not have them being a menace around the neighborhood, clogging up juvie or increasing the welfare and prison rolls (when they get older).

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:[OT] As a parent, by cayenne8 · · Score: 1
      "...if I go to a store with a 3-yo, and he/she starts screaming at the top of its lungs, I couldn't care less unless he/she is in danger of damaging any goods at the store..."

      I hope you're just saying that to troll...in real life, I hope you would respect the fact that there are other people in that public place that should not be forced to listen to said ruckus....and that you'd take that little screaming fucker outside till it was calm enough to come in again. How do you teach a kid to act in public, if you let it act poorly there and get away with it?

      That kind of crap carries on into adulthood with people being careless, etc....errr....oh, sorry.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  32. Publicity by ddrichardson · · Score: 1

    This is most likely the latest in a string of unpleasantness, so I would say there is more to it than just one group clamping down on another's blog - more of a straw that broke the donkey's back.

    You know, right wrong or indifferent, when someone threatens a blog all it ever does is attain a wider interest in reading the material they're trying to suppress. I can wholeheartedly say I had no idea of this until it hit Slashdot and although it doesn't directly affect me I'll wager there are many who it does that didn't know of it before.

    --
    A thistle is a fat salad for an ass's mouth...
  33. I hope it goes back up by Locklin · · Score: 1

    the second you graduate!

    --
    "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
  34. The link (oops) by hummassa · · Score: 1
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  35. Re:She'd better be able to back up those accusatio by dkf · · Score: 4, Insightful

    Those aren't serious allegations. These are run of the mill things. Who doesn't fudge budgets? Well, while short-term fudging is common (due to things like payments getting delayed, etc.) long-term fudging is serious and indicates that there's probably serious trouble hidden. Uncovering this sort of thing is exactly what auditors are supposed to do .

    Who doesn't use their position to advance themselves or their relatives (ie., nepotism)? Nepotism is a serious allegation. If the relative is any good, they can get their position without it, and who would want to hire someone who isn't good? (Answer: someone not fit for the job)

    Who doesn't spy on their employees (ie., read employee email or go hunting for personal webpages)? Those two things are different. Employee email is generally sent with the expectation of some degree of privacy, but personal webpages are voluntary publication to anyone who cares to read. Looking for public info isn't spying, looking for confidential info is. OK?

    The thing is, unless these administrators are angels (and they're probably human, not angel), the allegations are probably true. These are things people of average moral character do on a normal basis. People of good moral character usually don't do this, but then again, I doubt they'd make it into a management position. Management usually goes to 'yes' people, not people with strong morals. Sounds like you've had to suffer from terrible management somewhere along the line. I really feel for you.
    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
  36. Journalism or not? by Enderandrew · · Score: 1

    I know this Australia we are talking about and not the US, but I thought most countries don't see blogs as journalism, and in the states, they haven't allowed blogs to be protected the same way journalism is (protecting sources and such). If blogs aren't journalism, then why are blogs considered libel?

    This is just one parent expressing their opinion, and God help us if you can be sued simply for expressing your opinion.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:Journalism or not? by Just+Some+Guy · · Score: 1

      If blogs aren't journalism, then why are blogs considered libel?

      Because in this one particular case it suits a government agency to consider a blog to be journalism.

      --
      Dewey, what part of this looks like authorities should be involved?
  37. Re:She'd better be able to back up those accusatio by Just+Some+Guy · · Score: 1

    I'm probably going to regret this, but: what on earth are you talking about?

    --
    Dewey, what part of this looks like authorities should be involved?
  38. "Personal Gain" indeed.... by parkrrrr · · Score: 2, Insightful

    The alleged libelous postings 'accuse Superintendent Lynne Cleveland, trustees and administrators of ... using their positions for "personal gain,"...'

    the lawyers say the firm 'would file a suit on behalf of administrators in their official capacities and individual board members. The suit, however, would be funded from the district's budget.'
    If the second isn't an example of the first, what is it? If they want to sue personally to attempt an end-run around the law, they should be prepared to pay for it personally.
    1. Re:"Personal Gain" indeed.... by evil_aar0n · · Score: 1

      I wondered whether I was the only one who thought that...

      --
      Truth, Justice. Or the American Way.
    2. Re:"Personal Gain" indeed.... by Myopic · · Score: 1

      It's not for two reasons. First, defending yourself against libel doesn't lead to "personal gain", it merely attempts to stop personal loss. More importantly, the libel was against individuals acting in official duties. I'm not familiar with the previous decisions saying governments can't be libeled, but I know in the recent Bong Hits For Jesus case the local school district had money set aside to defend the school principal, so I bet it's not a blanket rule. Are you well-versed in those precedents, such that you can explain them to me? If not, then I suggest we can't really come to a legally valid conclusion without that information.

  39. Govt Over-reaching by MrHyd3 · · Score: 0

    Unfortunately, suing doesn't get the job done. There are other drastic measures that have to be taken for Govt to open their ears. In America, it's the 2nd Amendment, but with the aid of the media, it's usually squashed and kept HUSH-HUSH. Funny, how the media is PRO-1st Amendment, but forgets #2.

    --
    -------- Of all the things I've lost, I miss my mind the most. --Ozzy
  40. Legal prestidigitation by hey! · · Score: 2, Insightful

    This is why you need an independent judiciary. A judge should look at the kind of legal flim-flammery the district is attempting and smack them down hard for abuse of process. Of course this is Texas, so who knows what will happen.

    Sometimes, you can get away with breaking the spirit of the law on a technicality. Sometimes. But when you can, it is because in our system, the entity whose illegal actions are the highest priority to restrain is presumptively the government. It is better for a citizen to get off on a technicality than for the government to claim an iota more power over his life than it is strictly allowed to. But this doesn't go the other way. The government can't use a technicality to claim more power of the citizens' lives than it actually has.

    This is why "running government like a business" doesn't work. The government has duties that a business does not, and things that individuals can sometimes get away with the government can't, or at least shouldn't. One of the duties the government has is to respect the right of individuals to criticize it.

    Even individuals aren't allowed to evade their legal duties by legal fictions. You have a legal duty to pay taxes. You can shelter income by taking advantage of quirks in the tax code, but you cannot shelter it by creating ficticious transaction that create the appearance of losses. That's fraud.

    What the school committee is doing here is fraud. It is managing this lawsuit and even paying for it, under the fraudulent pretenses that it is not a government action. It makes accusation of fraud against the officials involved all the more credible. It would be one thing (still dubious) if they took legal action as individuals; perhaps it would be simply misguided. But they're playing a shell game here, using their official powers but hiding them under an unconvincing cloak.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Legal prestidigitation by E++99 · · Score: 1

      A school district doesn't have any governmental responsibilities. It has educational responsibilities, precisely the same as a private school has. A public school is not the government. It is a school. Receiving money from the government doesn't make one the government. If it did, then individuals on welfare would loose their status as individuals.

    2. Re:Legal prestidigitation by compro01 · · Score: 1

      this is the school board (members) sueing. these are elected representatives in public office, which looks a lot like a part of a government to me, and they're using school board money to sue privately, which looks a whole lot like an endrun around previous precident saying that the school board can't sue directly.

      --
      upon the advice of my lawyer, i have no sig at this time
    3. Re:Legal prestidigitation by Anonymous Coward · · Score: 0

      Are these or are these not elected government officials? Are these or are these not government employees? Looks like the legal action here alone substantiates the allegations of fraud found on the website.

    4. Re:Legal prestidigitation by Anonymous Coward · · Score: 0

      Ya know, if it is 'not a government action, etc.', then why is tax money being used to defend these clowns? Since it is not a government action, then there should be no government money involved. Let the school board administrators hire and pay their own lawyers, and let's see how far it goes then.

  41. Seeing this come from Galveston School Board... by botik32 · · Score: 1

    ... does not surprise me. Galveston is a small island which seems to be single-handedly controlled by one person. From what I heard, he is controlling 70% of the jobs on the island. People I talked to also described Galveston as a "very different place" than the rest of Texas.

    Now please do not sue me... what I said here is only opinion and unsubstantiated facts : )

  42. Effecient operation of government? by odin84gk · · Score: 1

    "If you got people out there accusing or stating that your public officials are committing crimes, it disrupts the effective, efficient operation of government." Totalitarian governments are very effective. Sweatshops are very efficient. That doesn't make them right.
  43. FACEBOOK Group by WaxPhotographic · · Score: 1

    We need some way to do something other than just complain. Ideas?

    --
    You don't take a photograph. You ask, quietly, to borrow it.
  44. er... unsubstantiated allegations... by botik32 · · Score: 1

    I am sorry, that should have read "unsubstantiated allegations, not facts"

  45. Hey by Vexorian · · Score: 1

    I admire this school's efforts, undermining the threat of freedom of speech.

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    1. Re:Hey by eyendall · · Score: 1

      Freedom of speech (which by the way wasn't invented in the US) does not mean freedom from the consequences of exercising that right. You can't call someone publicly a thief, school administrator or not, without expecting to be held to account. You better have proof. And if I don't like what you say, I will punch you in the face.

  46. Re:Paedophile vs Pederast by colinnwn · · Score: 1

    Paedophile is an overused and frequently incorrectly used term in the USA (and probably the world). Doing so cheapens the seriousness of the allegations when it is used correctly. The first part of that age range (12) depending on the young person, the violator *might* still be a paedophile, but in that mid to later age range, the appropriate term for the violator is pederast.

  47. Fine Print Blogs? by carp3_noct3m · · Score: 1

    Howdy all, been on /. for while but just registered and is my first post so bear with me. Maybe it has been addressed before but does anyone else know if some sort of pre-blog reading fine print (saying everything within is opinion and the reader must agree to not take legal action before continuing) could prevent lawsuits on a blog? Just a thought.

    --
    "It's ok, I'm completely secure as long as my iron is off"
    1. Re:Fine Print Blogs? by cdrguru · · Score: 1

      Sorry, I don't think any sort of disclaimer on the web is worth the bits. No legal basis exists.

      While it would be nice to be able to get the bank president to sign a piece of paper saying they won't prosecute you for bank robbery and that you are not a bank robber, if you then subsequently rob the bank they are still going to come after you, signed paper or not.

      Same thing with the stupid disclaimers you see on the web. If it is warez that is pirated, you can be prosecuted. Chances are you aren't going to be, but the possiblity still exists. Even if your web page says that law enforcement people or copyright owners aren't permitted to enter the site.

      It isn't that easy to disclaim something. This would be a red flag to most people (and lawyers) that there is something actionable hiding in there.

  48. Oblig. Ricky Bobby by Anonymous Coward · · Score: 0

    Ricky: With all due respect, Mr. Dennit, I had no idea you'd gotten experimental surgery to have your balls removed.
    Mr. Dennit: What did you just say to me?
    Ricky: What? I said it with all due respect!
    Mr. Dennit: Just because you say that doesn't mean you get to say whatever you want to me!
    Ricky: Yes, it does!
    Mr. Dennit: No, it doesn't!
    Ricky: It's in the Geneva Conventions, look it up!
  49. Re:Paedophile vs Pederast by Aetuneo · · Score: 2, Informative

    I am unfamiliar with the term Pederast (this is, in fact, the first time I have heard it), and hence looked it up on wikipedia, and it doesn't seem to mean what you think it does. From the first paragraph of the article: "Pederasty or paederasty (literally 'boy-love', see Etymology below) refers to an intimate or erotic relationship between an adolescent boy and an adult male outside his immediate family. It has found expression from earliest times through a variety of customs and practices within different cultures." Considering that the children were female (teenage girls), and that the "creepy teacher" was male, Pederast is certainly not the correct word to use, unless you want to argue with wikipedia (which I would understand, as wikipedia is often ... inaccurate, I suppose one could say, or not a perfect source). A better term to use might be Ephebophilia or Lolita Complex, as both of those refer to an attraction to adolescents, and one of those might be the term that you were thinking of -- but it is certainly not Pederast.

    --
    Everything is subjective.
  50. Galveston County Politics by ArhcAngel · · Score: 1

    I live in Houston but my brother lives in Sante Fe, TX which is in Galveston county. I can attest to the type of tactics that are used by many on the school board as well as the local law enforcement. I do not know the parties in question but after reading the blog I can believe most of the accusations happening without much arm twisting. Is there proof? Probably but that proof is in the hands of the very people it would condemn. Is that a ShredCo truck i see rounding the corner? My brother spent 3 years defending himself against bogus charges and being picked up by GC sheriff deputies every other week because he made a snide remark to a neighbor who happened to know a GC sheriff. He eventually had to appeal to the state to step in because of the constant harassment. I don't know that he ever got that cleared up.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  51. Re:Paedophile vs Pederast by Kerstyun · · Score: 1, Funny

    Don't use all them high-fallootin words. He's a kiddy-diddler.

    --
    Keep the whitehouse white, vote Trump & Palin 2020.
  52. School might be correct by Tweekster · · Score: 1

    Those seem to be pretty serious charges. Unless you have some basis, you can't just go around accusing people of those things and expect to not have problems.

    Now if she wrote about the quality of education or other opinion based it would be different, but accusing them of financial gain via the budget, that is a tiny bit different.

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  53. Golden Rule by Anonymous Coward · · Score: 0

    The details of this case are unclear to me, but I think other posters here have hit most of the key points. One thing to pay attention to, though, is the asymmetry and double standard people will apply between themselves and others. For example, this woman claims that her posts are "just opinions." Well, I can assure you that if one of the teachers and school administrators had a blog (www.dumbassparentsinmydistrict.com) and listed this parent as incompetent ("hell, just look at the way she raised her kids for crissakes!") then claimed that they were "just opinions", those opinions would become more than "just opinions" to that parent. Similarly, students feel the right to rag on their school, teachers, and professors publicly. Various web sites, including the student's own blogs, provide an active forum to do so. But, if professors and teachers in their personal time started a web site to publicly rail on students and their performance issues in class, naming people by name, in an effort to warn other professors, I again assure you that this would be viewed as unfair by the students. I think the Golden Rule has something to say about this kind of behavior. Think before you publicly rail against individuals. Would you want someone to do the same to you? If you are really serving in an actual whistle-blower capacity, then be prepared to defend yourself with hard evidence, not just an "opinion" defense.

  54. This is why political correctness is bad. by superwiz · · Score: 1

    It is OK to be offensive. That's right. Racial slurs, ethnic slurs and religious slurs are all better than censorship. Do society a favor. Act incensitive. Even if you think you can mild it down, don't. People have gotten too used to the idea that their right not to be offended stand in the way of other people's rights to tell the truth. Time to give the "niceness lobby" a verbal slap in the face. Because so far they have set the world's greatest democracy on a way to becoming a tyranny. Have you offended someone's religion or race today? Time to start.

    --
    Any guest worker system is indistinguishable from indentured servitude.
    1. Re:This is why political correctness is bad. by cdrguru · · Score: 1

      Problem is, in the US you are advocating a criminal act - a hate crime. Use of racial or ethnic slurs can get you arrested. Publishing something on the web - assuming you can be identified or admit to it - will almost certainly get you arrested for a hate crime.

      It is far too late to take back society in the way you would like to.

  55. About Alaska by Archangel+Michael · · Score: 1

    Actually, I hear that Google is so rich they're considering buying the whole city of Nome to house the next Googleplex. Something about cooling the racks of servers.

    In other news the boys at TrollTech aren't happy about Google's plans to acquire a city.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  56. Re:Paedophile vs Ephebophilia by colinnwn · · Score: 1

    I read an article about the overuse of the term paedophile and the damage it is doing legally and to our culture (i.e. labeling the older adolescent in similar age consenting relations a paedophile and putting them on sex crimes lists for life). That article claimed pederast is more appropriate and I thought I looked it up in the dictionary and agreed at the time. Unfortunately I was unable to locate the article with a quick search. Anyway I agree you are right, ephebophilia is the appropriate term.

  57. Sounds familiar by SupaYoda · · Score: 5, Interesting

    I used to run a regularly updated blog that covered, among other things, a situation in the town I live in. Basically, a group of local politicians (or their cronies) hijacked the offices they were voted out of by filling the open spots of mayor and city council that were conveniently vacated by the people that won the election. Those people who had been elected (not the ones who were voted out and later appointed) left under a series of very suspicious circumstances, leaving the impression that they were bullied out of office. The ones that came back served local business interests. The locals, fed up with what was going on, decided that the best way out was to dissolve the city and be annexed into the city next door. Upon following the state law, this group of locals was successful in their efforts and were supposed to have a vote on the annexation. The town "leaders" didn't want that to happen, so they fought the election in courts-- which they lost. So they racked up a large amount of debt for the town, the town that agreed to annex pulled out because they didn't want the debt, and our town never saw an election.

    The local media picked up very little of the story, so I called the town out on its actions on my blog. It got quite a bit of attention from the locals.

    The town officials didn't dare come after me, but one of the local business leaders (and a friend of the council and mayor) did. He showed up on my doorstep, came inside my home, and raised his voice in front of my toddler daughter and paid no attention to the fact that he was scaring the crap out of her. While I used no names or businesses or people, and there was more that one person who could have fit the description, the business owner told me that he had the right to sue me. I spoke with no less than four lawyers who told me that he was delusional. The owner's rationale was this: If I wrote a convincing blog that affected the outcome of a local election, the town would be absorbed into another town that has building codes and zoning laws, and he'd have to spend money to get his buildings up to code. So he would sue me for the money he "lost". During the meeting, he fiddled with his pocket and asked me questions like, "What was your intent in publishing this?" Yes, I was being recorded, and I suspect he was fishing for something because someone told him he had nothing.

    Nevertheless, he said that I'd incorrectly stated someone else's opinion. (This person was also never named.) While I'd talked to the person previously and published their correct opinion, that opinion changed when I spoke to them afterward-- leading me to believe that he'd had a similar visit. I had no way to back up my claims, so I went ahead and corrected the statement with an editor's note. I was also told that I'd incorrectly identified the mayor as being the owner of a particular business, but there were no defaming statements made, so it was no big deal. I've since been told that the mayor IS the owner, so I just took the sentence out altogether to avoid confusion. They even tried to say that I'd misquoted the mayor, but the quote I'd published was a quote from the local newspaper and was noted as such. Not to mention, the reporter had a taped recording of what the mayor said, regardless as to what he meant to say.

    My little meeting actually DID change the way I wrote, and it made me an even bigger thorn in their side. Since they were going to play hardball, I started collecting paperwork to back up every single thing I wrote, and they could no longer tell people I was lying. I even published pictures of the "park" they claimed to have on their publicity website and turned some heads, and they had to change the wording to say that they were going to have a park in the future. (I got a couple of phone calls from state legislators about that one.) When they passed a city ordinance to discourage a peaceful demonstration at a town event, I published the ordinance and pointed out in the wording that they could still prot

    1. Re:Sounds familiar by Blnky · · Score: 1

      Excellent. Keep up the good work of making the politicians accountable.

    2. Re:Sounds familiar by cc_pirate · · Score: 1

      Where the heck do you live? I want to make damn sure I never move there.

      --

      "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

    3. Re:Sounds familiar by QuietObserver · · Score: 1

      Isn't that a little bit of a rash judgment? The town/city may be corrupt now, it is still possible that the OP's efforts to improve the situation may turn out to be beneficial in the end.

    4. Re:Sounds familiar by cc_pirate · · Score: 1

      I don't think so. Any place so crooked as the one described needs a hobbit and a Mt. Doom to enact the kind of change needed to make it a livable place.

      As my uncle used to say about Lyndon Johnson "He was so damned crooked that they had to screw him into bed at night."

      Sounds like this place could have taught Johnson a thing or two.

      --

      "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

    5. Re:Sounds familiar by SupaYoda · · Score: 1

      I couldn't help but respond. The hobbit and Mt. Doom comment had me laughing so hard I couldn't breathe. And indeed, when a municipality fights a vote of the people while paying court costs and attorney fees with the people's money, something is very wrong. We do have another election coming up, though. They'd fight it if they could, but they can't, and if they do, they're gonna be in some very deep doo doo. And when you tell people that they can't vote, and you use their money to tell them that, it motivates them. There's a push now to get people elected and to very quickly have the township dissolved and absorbed into surrounding municipalities-- in pieces and to different municipalities. It would be nice if we could keep the town whole, but the focus now is on getting these people out of power and keeping them that way.

  58. Orthomom blog by thegameiam · · Score: 2, Informative

    This happened recently, where the anonymous blogger "orthomom" got sued by a School Board member for saying nasty things about her. The suit was thrown out of court. Some details are available here.

    --
    Need Geek Rock? Try The Franchise!
  59. Re:Paedophile vs Pederast by E++99 · · Score: 1

    I am unfamiliar with the term Pederast (this is, in fact, the first time I have heard it)

    Which means that you've never seen The Big Lebowski... what is happening to the state of education on this planet???

    Walter: No, he's a sex offender. With a record. He served 6 months in Chino for exposing himself to an eight year old.
    The Dude: Oh!
    Walter: When he moved to Hollywood he had to go door to door to tell everyone he was a pederast.
    Donny: What's a... pederast, Walter?
    Walter: Shut the fuck up, Donny.
  60. So, let me get this straight ... by ScrewMaster · · Score: 1

    they're defending their personal reputations by paying lawyers using public funds? Do I have that right? Such behavior, in itself, ought to be worthy of some legal action (and kinda makes you think the lady may not be too far off the mark.) If they feel they've been wronged let them put their money where their mouth is, and pay the attorneys from their own pockets. No reason for the taxpayers to foot the bill.

    --
    The higher the technology, the sharper that two-edged sword.
  61. School Uniforms by Loundry · · Score: 1

    I think school uniforms are awesome. It forces students to develop their personalities in order to stand out. Naturally, people who are used to being materialistic and superficial hate it.

    --
    I don't make the rules. I just make fun of them.
  62. Re:morons in suits to impede freedom of speech? by sexconker · · Score: 1

    what.

  63. Why the heck did she admit it? by cdrguru · · Score: 1

    This is the Internet, folks. Who made these postings? Sure, they are on her web page and that may imply responsibility at some level, but by no means is that a settled point of law. Had she denied making the postings the plantiffs would be in the same position as the RIAA - having an IP address and little else. Probably not even that, just the postings claiming to be from someone on a blog.

    Who knows who could have made them? Isn't this the whole point - some level of deniability for everything so there are no consequences?

    Silly person, it sounds like she is standing up for her opinions and will get sued because of it.

    1. Re:Why the heck did she admit it? by ScrewMaster · · Score: 1

      Silly person, it sounds like she is standing up for her opinions and will get sued because of it.

      True ... but school districts have been known to lose lawsuits and have to make healthy payouts. If they ultimately lose the school district legal costs plus a judgment, I would hope that they would be out on their collective ears. But that's probably asking for too much.

      --
      The higher the technology, the sharper that two-edged sword.
  64. Re:She'd better be able to back up those accusatio by JoelKatz · · Score: 1

    It was mostly intended to be funny. But there were actually several serious points it was trying to make with its humor. The main one is that just because a rule is commonly violated (such as speeding) one cannot just accuse a random person of it. For all I know, you are 11 years old and have never driven a car.

  65. Why is this news? Libel is old hat. by mathx · · Score: 1

    Srsly. Existing laws will take care of this. Nothing new to see here, no new special laws required. Have it out in court as a libel suit, and a counter suit if necessary, and everyone move along.

  66. Say What? by Anonymous Coward · · Score: 0

    Please cite this law. The First Amendment trumps all.

  67. Legally Offensive? by leereyno · · Score: 1

    "Legally Offensive"

    Am I to understand that the "I'm offended!" tactic, which is commonly used by the intellectually dishonest and morally corrupt to prevent the discussion of issues and ideas they do not agree with, has now become a legal principle?

    Better not say something that other people don't want to hear. They might claim to be offended. Offending someone is legally actionable don't you know? Inducing cognitive dissonance in the deluded or dishonest is a hate crime...or soon will be under the new politically correct rules of jurisprudence.

    Political Correctness: Because living with the truth is just too hard.

    I think these school administrators have gotten far too used to dealing with students who do not have the power to question their authority...or their adequacy as human beings.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  68. How's this any different from DailyKos or DU? by Anonymous Coward · · Score: 0

    And all the accusations they make about Bush and Cheney?

    It's not like the DUmmies have any evidence...

  69. Re:morons in suits to impede freedom of speech? by Anonymous Coward · · Score: 0

    I find this sad and serious at the same time.

    mainly because this shouldn't happen period. I'm from Washington and we have issues like this in Oregon and Cali as well. But nothing this big.

    I also feel your pain Austrailian guy. You didn't deserve to have the half baked idiots at your school do that to you.

    If this were happening in Iran or some other place where the fundamentalist wackjobs live I'd laugh and just hope that we can bomb them.

    But the thing is, this is Texas, I'd be less surprised if it happened in North Carolina, just because their all slightly inbred there and the school systems all suck anyhow.

    I personally don't think that the school board will do anything. they said she wrote incriminating correct? they read her blog correct? so what else? the fact that they're challenging her for it. She's right. She's the mother of a child who could be hurt by this.

    Folks, this is what happens when we let nuts run our school systems, they actually don't get the hint that they're stupid. they pay off people so as they can run, just for the fact that they get easy money. GEEESH.

  70. Here's the blog in question by Anonymous Coward · · Score: 0
  71. John Stossel is a fucktard by Anonymous Coward · · Score: 0

    I am sorry, but can't let this go by. 20/20 is trash and John Stossel is a fucktard.

    http://en.wikipedia.org/wiki/John_Stossel

    http://www.fair.org/index.php?page=19&media_outlet_id=19

    http://www.crooksandliars.com/category/abc/john-stossel/

    The man comes off like he is working for the little guy, nothing gets him more sprung than private enterprise. Mo money! Mo money! Mo money!

    A beginner's course in deceptive reporting, http://www.fair.org/index.php?page=2894

  72. Res judicata by Valdrax · · Score: 1

    The shotgun approach where you fire off dozens of accusations in the hope that at least some of them will stick suggests a malicious or reckless disregard for the truth.

    As long as they're all related to the same cause of action, then it's more commonly a fear of res judicata which is a doctrine that, simply put, prevents you from being sued twice for the same cause of action.

    Take the case Manego v. Orleans Board of Trade (1985). A black guy wants to build a disco next to a skating rink owned by a bank but is shot down after a local business group opposes the construction. He later sues on grounds of a racial conspiracy after a white guy gets nearly all the same permits for the skating rink which he wanted to build the disco next to. His initial case is thrown out on lack of evidence.

    He then sues again over the denial of permits alleging that there was an anti-trust violation since the the president of the Board of Trade was also an officer of the bank that owned the rink and the general manager of the rink. He also noted that several of the Selectmen (city government officers) who turned down his permits were members of the Board of Trade who only did so after the board voted.

    Despite having much stronger evidence of a conspiracy, his case was thrown out against two of the defendants he sued on grounds of res judicata. (A third defendant was never named in the first case and had to deal with the lawsuit, but that's another story entirely.)

    Basically, you throw everything you can against the wall in the hopes that something will stick because you can face an automatic loss if you didn't think of it at the time. The doctrine of res judicata is meant to keep defendants from the fear of being perpetually dragged into court until a plaintiff finds a sympathetic judge and jury as well as to keep the courts from being bogged down with cases that should have already been decided. The side-effect is laundry list pleadings that try to hit every tort in the book.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  73. Re:Paedophile vs Ephebophilia by Grant_Watson · · Score: 1

    Anyway I agree you are right, ephebophilia is the appropriate term.

    That term only applies if he is attracted exclusively to such girls. It sounds like the proper term, given what has been said, is probably "creepy."

  74. Is this a death or treasure exam? by bombastinator · · Score: 1

    How important is this exam to your future?

    While we don't have these in the U.S., I know in Germany and England at least there are exams at various levels that literally determine whether you are allowed to continue on to college or not.
    If this is one of those those tests and it really is going to affect the rest of your life, it may behoove you to do anything possible. Is there any precedent for people being able to retake the tests?

    1. Re:Is this a death or treasure exam? by Mike89 · · Score: 1

      While we don't have these in the U.S., I know in Germany and England at least there are exams at various levels that literally determine whether you are allowed to continue on to college or not.
      Determines whether or not you can get into certain university courses, yep.

      Is there any precedent for people being able to retake the tests?
      Not sure, I really wouldn't want to retake them. Too stressful, whats done is done, but if my score is bad there's always going to be this behind it. It's not like my teachers have time to emulate 4 weeks of revision especially for me.
  75. Defending...... by www.sorehands.com · · Score: 1

    They are not defending. They would be the plaintiff and asking for MONEY! Unless this money is going to the school district, then they are gaining.

  76. Re:She'd better be able to back up those accusatio by rgaginol · · Score: 1

    Nepotism is a serious allegation. Except in Papua New Guinea where it's just business as usual (unfortunately).
  77. [OT] My 8yo's OK, so I must be doin' it right... by hummassa · · Score: 1

    I hope you would respect the fact that there are other people in that public place that should not be forced to listen to said ruckus.... Respect, yes, but people should _know_ what to expect of small kids. There is no such place as a quiet place that does allow kids inside. Why do you think some resorts don't accept people with less than 16?

    and that you'd take that little screaming fucker outside till it was calm enough to come in again. How do you teach a kid to act in public, if you let it act poorly there and get away with it? That is the problem. If you are taking him outside (and letting yourself be embarrassed), you are giving him attention, and I have read (in many of the many many child-upbringing books my wife bought when she was pregnant from my older son) and I have had the real-world experience, with both my kids and other people's kids (sometimes we just have to take them to playdates, you know?) that: if you ignore _every_ temper tantrum the kid learns not to throw them. Temper tantrums are a cry 'give me attention! all of your attention! now! stop shopping and looking at other stuff that is not ME!', and they are a natural reaction of the kids up and until 4-5 years old. If the kid is older than 5 years and it _still_ throws tantrums, it's most certainly because the parents didn't do the Right Thing (TM) to begin with. Obviously, it works still better if when then kid is _not_ behaving badly, you pay attention to it to begin with unless you want to raise a completely insecure kid by means of ignoring it.
    I am quite satisfied with the fact that my 8yo son behaves appropriately in public and does not indicate any sign of carelessness, and with the progress that my 1 1/2 yo daughter is doing... but then again, I know anecdotal evidence is no evidence at all.
    And no, this is not a flamebait (informative maybe? offtopic, sure!)
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  78. Re:[OT] My 8yo's OK, so I must be doin' it right.. by cayenne8 · · Score: 1
    "if you ignore _every_ temper tantrum the kid learns not to throw them. "

    I dunno...when I was small...my folks would take me out...give me a bit of an ass-whupping, and when I calmed down, I learned very quickly that I was to behave in public.

    A bit of strict discipline goes a LONG way. The parent is in charge....I'm amazed today with parents I see actually trying to argue a point with their kids...it is one thing to let a kid learn to discuss subjects, argue their point, etc, but, at a point, the parent should say, "NO..it is this way because "I" say so.....

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  79. You, sir, are an idiot. by znerk · · Score: 1

    What are you, stupid?

    Of course it's frustrating being "taught" by someone who doesn't understand the subject... how the hell can you claim to be teaching someone something if you don't understand it yourself?!?

    Imagine you are a student, forced to listen to some dillhole who can't tell the difference between a past participle and a potato... and this is your English teacher. Imagine being taught Geography by someone who thinks the UK is east of Egypt.

    Now, let's take it a step further... if "just anyone" can teach, why not have "just anyone" do other things they're not qualified for? Fire fighting, policing, ambulance drivers, EMTs... I know, let's have Joe Sixpack do your next abdominal surgery!

    This behavior is abhorrent, and should result in school administrators being caned until they can't walk, and then fired.
    Anyone who thinks the school administration is not to blame should be slung up next to them to receive the same.

    Sorry, but I get offended by people telling me that advanced algebra can be taught by someone who can't add 3-digit numbers correctly without resorting to a calculator.

    And if you accept a position you're not qualified for, you deserve every bit of the resulting ridicule.

    --
    </rant>

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  80. if true... by Tpl2000 · · Score: 1

    if what tetley's saying is true, then it's back to the days of the spoils system. if not, then tetley is not responsible for the fact that the people from the board don't like it. while i'm not familiar with the term "libel" i do believe that you can not prevent people from saying pretty much whatever they want. theonion.com, if this suit goes through (incredibly unlikely), could be sued as well, and it's been around for a while now (to my knowledge)

    --
    Epic. Just epic.
  81. we talks gud we doz by bombastinator · · Score: 1

    Since when have english speakers ever spelled anything right? I mean how the heck did they get Japan out of Nippon anyway? Personally I think the metal does fine without the two extra wasted syllables. It's not like anyone confuses it with anything else.

  82. Truth a defense by Anonymous Coward · · Score: 0

    I'd like to see a cite to a case where someone was convicted of libel in any U.S. jurisdiction where the truth of the matter was established in favor of the accused libeler, but the court said it was still libelous. The Restatements still say truth is always a defense.

    A non-libelous matter might leave someone open to an invasion of privacy suit, but if it's correct, it's not libel. If it's true, it's not defamatory.

    Best,
    Ed Darrell
    Millard Fillmore's Bathtub
    (www.timpanogos.wordpress.com)