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PA Appeals Court Weighs Punishment For Students' Online Parodies
crimeandpunishment writes "Is it a student's right to free speech or a school's right to discipline? A US Appeals Court in Pennsylvania heard arguments Thursday on a case that could have far-reaching implications. The issue involves the suspension of two students, from two different Pennsylvania school districts, for web postings they made on their home computers. The students posted parody profiles on MySpace that mocked their principals. The American Civil Liberties Union argued on behalf of the students."
She used her principal's photograph and described him as a pedophile and mentioned a sex act. The girl later apologized, took down the page and was suspended for 10 days.
OK, it's one thing to parody, it's another to accuse someone of a crime that will ruin them for the rest of their life. I think those kids shouldn't be suspended for parodies but when they are using actual images and making false accusations along with them, that's another matter. That fake profile could have gotten that principle murdered. There are many vigilantes out there who would love to knock off a child molester. Then there's the whole social stigma and ruining his life.
Those kids went way too far - they went beyond parody.
RIP America
July 4, 1776 - September 11, 2001
...between humor and malicious behavior. We don't excuse a schoolyard bully if he claims, "I was just having fun." Neither should we ignore malicious false statements merely because someone claims, "I was just doing a parody."
Accusations against teachers and principles of sexual misconduct against their students are typically taken very seriously (with good reason). So how is a student who makes such statements, apparently in retaliation for being disciplined at school, that different from a student who retaliates by pulling a fire alarm?
If something happens on school grounds or using school equipment, the school can discipline.
If something happens off school grounds and not using school equipment that is damaging or may be illegal, involve the criminal justice system or sue.
Why is this so hard?
side note: Homeschooling parents are looking pretty smart, aren't they?
Go green: turn off your refrigerator.
A 14-year-old Blue Mountain student who had been cited for a dress-code violation created a fake profile of a principal purportedly from Alabama. She used her principal's photograph and described him as a pedophile and mentioned a sex act. The girl later apologized, took down the page and was suspended for 10 days.
That is pretty disgusting for anyone to do to any other human being, especially to anyone that makes a living from working with kids - but I don't think the school should be doling out any punishment. This should be a matter purely for the courts.
which is totally what she said
Hit that submit button too quick.
I don't agree with making the guy look like a pedo, that's going too far...but that is a libel case, not an instance where disciplinary action should have been taken by the school. Leave it to the cops.
Living With a Nerd
There is a general rule of law in the United States based on the concept of a "reasonable adult". Each of the first ten amendments of the American Constitution (and their analogues elsewhere) comes with the unwritten assumption that a reasonable adult will use these freedoms for the betterment of the community. The right to bear arms does not grant me the right to murder my neighbor because I don't like the car he drives. The right to peacefully assemble and protest the actions of government does not grant me the right to riot and destroy the property of others. In this case, the right to free speech does not grant the right to make false accusations. Despite a more liberal interpretation of law in recent years, slander and libel are still criminal acts, not protected by the first amendment. Would a reasonable adult consider J.L.'s parody to hold any truth? Probably not. Would a reasonable adult consider J.S.'s fake profile to hold any truth? Considering the forum on which it was placed, I would have to say yes, as there have been numerous instances of principals and teachers creating just such a profile. Therefore, the issue isn't whether schools have a right to police students' activities outside of school; but rather if actions taken in the world of cyberspace can or should be held to the same standards as those taken in print or public discourse.
The girl who called her principal a pedo was 14 years old. That puts her in high school.
A pedo principal will not seek employment at a high school. He'll go to an elementary school or younger.
Unless, of course, the girl doesn't understand (just like the mainstream media frequently misunderstands) the definition of the word "pedophile".
What we have here is a teachable moment. The kid deserves an "F" on this vocabulary test. Somebody make her write on the chalkboard 1000 times: "Dictionaries are good. Using words without understanding them is bad."
I completely agree with that is clearly beyond parody, but the real question is "Can schools punish students for web posts?" not "Can people be punished for [inflammatory] libel?".
In a sense, these kids got off easy. They could have had real legal consequences as opposed to a school suspension.
Can we seriously countenance that a school can discipline or exclude a student for standing up in a classroom and yelling that Principal Peterson is a kiddie fiddler, but that it can't take action if the student moves three feet and yells the accusation in through the open window?
Can we seriously countenance that Pennsylvania can execute a man for murdering someone inside Pennsylvania, but that Pennsylvania can't take action if the man moves three feet over to commit the murder inside New York instead (that same 3 foot move also takes execution out of the set of potential punishments)? YES.
If so, then schools might as well hand out copies of Lord of the Flies as their conduct rules.
The geographically-limited ability of States and Municipalities to enforce the rules each sets hasn't had that effect yet.
That's why it was obviously a parody.
We keep hearing in the news of people being fired or disciplined at work, both private sector and public sector employees in that category, based on some dumb thing they posted on Facebook.
What do you think would happen if one of the president's staffers got caught posting a fake Facebook page mocking the president and using obscenities?
In the best case scenario, they would be politely asked to step down.
So if adults are subject to this, what is the justification for students to have stronger free speech protections than the rest of the public?
I'm not saying that libel or slander shouldn't be punishable when done by students, to the same extent that it's punishable when done by adults and with all of the same defenses available.
However, that should be done through the court system, where there's an opportunity for an equitable defense, rather than through the "private court" of the school's disciplinary system.