Student Expelled For Facebook Photo Description

flutterecho writes "A sophomore at Valdosta State University was expelled after criticizing his university's plan to build two new parking garages with student fees. In a letter apparently slipped under his dorm room door, Ronald Zaccari, the university's president, wrote that he 'present[ed] a clear and present danger to this campus' and referred to an image on the student's Facebook page which contained a threatening description. 'As additional evidence of the threat posed by Barnes, the document referred to a link he posted to his Facebook profile whose accompanying graphic read: "Shoot it. Upload it. Get famous. Project Spotlight is searching for the next big thing. Are you it?" It doesn't mention that Project Spotlight was an online digital video contest and that "shoot" in that context meant "record."' In a post-Virginia Tech world, has university surveillance of online identities gone too far?"

Comments

VTech just kicked in, yo!

[soupforare]

The best part is that I'm sure he has absolutely no recourse because they're free to expel any student at any time per the handbook.

Re:VTech just kicked in, yo!

[moosesocks]

Hate to point this out, but I don't think we're talking about another university here,... the fact that he referred to "Principal" and "locker" should indicate that he's talking about a high school. The rules do tend to be different between high school and college; for one, high school students are generally minors, having not reached the age of 18; most college students are adults, with full legal rights.

Not quite. There's a bit of a language gap here, so bear with me:
1) The sort of higher-education institution one attends between the ages of ~18 and ~21 is referred to as a "University" everywhere on the planet apart from the US, where a "College" is where one studies toward an undergraduate degree. Most US "Colleges" are also referred to as "Universities" because they also grant Post-Graduate degrees (also referred to as "graduate degrees" in the US, although you can easily see why this phrase is redundant and ambiguous).

2) "College" in the UK most typically refers to a school attended between the ages of 16 and 18 to prepare/qualify students for study at a university, typically by taking A-Levels (similar to AP in the US, but a bit more sane). The UK's structure of what Americans refer to "High School" can be complicated, varies by geographic locale, although this term generally holds true. "Honors" programs at American High Schools that take place in the Junior/Senior years are somewhat comparable. Much of this terminology has crossed over into Australia, and many private 4-year "High Schools" call themselves colleges. Professional/vocational schools are also typically referred to as a "college," which is somewhat consistent with US usage.

3) To add to the confusion, some smaller tertiary schools in Australia do call themselves colleges. This most likely arises from the original definition of the word "college" as "a group of colleagues". The US's beloved Electoral College is an example of this. Likewise, old large Universities in the UK such as Oxford, St Andrews, and Cambridge are subdivided into smaller "colleges". Much of the Ivy League has adopted a similar system in the hopes of appearing authentic.

4) Generally speaking, the head of any educational institution in the UK is referred to as the "Principal", including both Universities, and primary and secondary schools. This term applies in virtually all of the Commonwealth countries (ie. all of the former British colonies apart from the US)

5) Virtually all universities in the UK and Australia are publicly funded (as they should be!). They are not necessarily under direct governmental oversight, but would almost certainly be subject to large monetary penalties for such an egregious violation of the law.

6) "Legal Adulthood" is not granted at the age of 18 around the world, as you would imply it is. It's not even defined at the age of 18 in the US, and falls under state jurisdiction. Although the age *is* 18 in Australia, England, and Wales, it's 16 in Scotland. In the US, various states have passed legislation to restrict the legal rights of its citizens by either raising the age to 19, 21, or making legal adulthood contingent upon graduating High School. This article on the subject should be enlightening.

Hope that clears up any confusion floating around..... silly Americans for tweaking their language and measurement systems to make them incompatible with the rest of the English-speaking world.....

Would you like chips with that?

Re:Public University

[six11]

From the parent:

After he wins his case and gets his money back, he should consider an institution that upholds certain concepts like freedom of speech and independent thinking.

It seems that Valdosta State does have an understanding of free speech, though.

From the article:

FIRE is simultaneously pressuring Valdosta State to reverse its "free speech area" policy, which is unusually rigid in restricting student expression to a single stage on the 168-acre campus, only between the hours of 12 and 1 p.m. and 5 and 6 p.m., with prior registration.

Truly, an enlightened institution.

Wrong

[svunt]

In Australia, the head of a university is never called a principal, generally they are 'Vice-Chancellor'. I'm Australian, and - 'principals' and 'lockers' - yep, that's a high schooler talking.

Re:University Contact Information

[thbarnes]

The University System of Georgia Board of Regents is meeting on Wednesday and Thursday. After backing out of a hearing procedure which they established to give an opportunity for due process, we filled a civil rights and discrimination lawsuit in Federal court.

It may be more effective to contact the Board of Regents at this point.

Office of the Chancellor
Board of Regents of the University System of Georgia
Suite 7025
270 Washington Street, SW
Atlanta, GA 30334
office: (404) 656-2202
fax: (404) 657-6979
email: chancellor@usg.edu

http://www.usg.edu/contact/
http://www.usg.edu/regents/members/

Join my Facebook group @ http://kennesaw.facebook.com/group.php?gid=6371166090

The story about the lawsuit has been heard across Georgia. Newspapers from Valdosta, Augusta, and Athens are reporting on the case. It's been discussed on television, radio, and Internet blogs. Prominent education journal "Inside Higher Ed" featured it on their front page.

http://mashable.com/2008/01/13/facebook-users-photo-led-to-expulsion-from-university/
http://www.splc.org/newsflash.asp?id=1664
http://www.courthousenews.com/2008/01/10/Valdosta_State_Student_Says_Facebook_Opinion_Resulted_in_Expulsion_From_School.htm
http://www.onlineathens.com/stories/011208/news_20080112030.shtml
http://www.valdostadailytimes.com/local/local_story_011142725.html
http://www.thefire.org/index.php/article/8794.html
http://www.thefire.org/index.php/article/8796.html
http://www.walb.com/Global/story.asp?S=7612384

Relevant Case Law

[thbarnes]

Relevant Case Law

42 U.S.C. Section 1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...
http://www.peoples-law.org/individual-rts/civil-rights/1983_exactwords.htm

Dwyer v. Oceanport School District
School officials will pay a former student $117,500 to settle a lawsuit he filed claiming his First Amendment rights were violated after administrators punished him for material posted on his Web site.
http://www.splc.org/newsflash.asp?id=1126

Beidler v. North Thurston Sch. Dist
A superior court judge ruled in July that the North Thurston County School District violated the constitutional rights of a student who was suspended for ridiculing a school administrator on his personal Web site. In late January 1999, the school principal placed Beidler on "emergency expulsion." According to Beidler, the principal told him some teachers said they felt uncomfortable about having Beidler in their classes due to the content of his website. The principal also testified that he found the website "personally appalling" and "real inappropriate. On July 18, 2000, a Washington trial court judge granted summary judgment to Beidler on his First Amendment claims. The judge first noted that the First Amendment rights of public school students remain constant even in the age of the Internet. "Today the first amendment protects student speech to the same extent as in 1979 or 1969, when the U.S. Supreme Court decided Tinker."
http://www.splc.org/report_detail.asp?id=448&edition=4

Flaherty v. Keystone Oaks Sch. District
A local school district has agreed to pay $60,000 in partial settlement of lawsuit brought by a former student who was kicked off the volleyball team because he posted an Internet message criticizing an art teacher, the American Civil Liberties Union of Pennsylvania announced today.
http://www.aclu.org/privacy/speech/15185prs20021118.html

O'Brien v. Westlake City Schools Board of Education
Sean O'Brien, while a sixteen-year-old junior at Westlake High School, created a website in March 1998 that lampooned his band teacher Raymond Walczuk. His web page "raymondsucks.org" contained several unflattering comments about Walczuk. School officials settled with O'Brien by agreeing to pay him $30,000, expunging the suspension from his record and writing a letter of apology
http://www.freedomforum.org/packages/first/censorshipinternetspeech/part3.htm

Beussink v. Woodland R-IV School District
Brandon Beussink, then a junior at Woodland High School, created his own homepage on his own computer at his own home. The homepage was "highly critical" of the school administration and included vulgar language in his opinions of teachers and the principal. The principal initially suspended Beussink for five days because he was offended by the content on the site, and he later extended the suspension to ten days. "Disliking or being upset by the content of a student's speech is not an acceptable justification for limiting student speech under Tinker," the judge wrote.
http://www.freedomforum.org/packages/first/censorshipinternetspeech/part3.htm

Mahaffey v. Aldrich
An unpublished decis