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US Ed Dept Demanding Principals Censor More

Toe, The writes "Education Department officials are threatening school principals with lawsuits if they fail to monitor and curb students' lunchtime chat and evening Facebook time for expressing ideas and words that are deemed to be harassment of some students. Under the new interpretation of civil rights laws, principals and their schools are legally liable if they fail to curb 'harassment' of students, even if it takes place outside the school, on Facebook or in private conversation. When children are concerned, where is the line between protection and censorship?"

19 of 493 comments (clear)

  1. Ludicrous by Anonymous Coward · · Score: 5, Insightful

    On the one hand we teach kids about the Constitution and Bill of Rights. On the other hand, we tell them "Hey johhny - what you say can get you in trouble if you make fun of that fat kid in the playground...

    Whatever happened to "sticks and stones may break my bones, but words will never hurt me?" Have we become such a bunch of pussies that we can't even deal with having people call us bad names? What ever happened to "hey - here's two pairs of boxing gloves - go behind the gym and work it out?"

    And finally, doesn't the Dept of Ed have ANYTHING else to deal with besides this BS?

    1. Re:Ludicrous by Hazel+Bergeron · · Score: 3, Insightful

      Whatever happened to "sticks and stones may break my bones, but words will never hurt me?"

      I want to put an early Godwin in this thread: Hitler happened. The nastiest people don't hurt anyone directly. They merely influence people's opinion.

      The US has the most powerful propaganda machine on the planet. Do you discount this entirely? Is the brain not just another organ which can be trained in a particular direction?

      What ever happened to "hey - here's two pairs of boxing gloves - go behind the gym and work it out?"

      Are you serious? The solution to bullies is to get physically fit and beat them up? Self-defence is entirely acceptable, but corporal punishment is not justice.

    2. Re:Ludicrous by interkin3tic · · Score: 3, Interesting

      On the one hand we teach kids about the Constitution and Bill of Rights. On the other hand, we tell them "Hey johhny - what you say can get you in trouble if you make fun of that fat kid in the playground...

      To be fair, they'll face the same thing when they get jobs and try to use facebook there.

      And finally, doesn't the Dept of Ed have ANYTHING else to deal with besides this BS?

      Maybe not with their budget? Saying "crack down on hate speech on facebook" probably doesn't cost as much as buying new textbooks.

      Whatever happened to "sticks and stones may break my bones, but words will never hurt me?" Have we become such a bunch of pussies that we can't even deal with having people call us bad names? What ever happened to "hey - here's two pairs of boxing gloves - go behind the gym and work it out?"

      Joking aside, I hear what you're saying, but TFA points out the suicide rate among gay and lesbian students is 4 times that of straight students. I'm not saying that justifies trampling on free speech off school grounds, but saying "work it out" is a little simplistic.

    3. Re:Ludicrous by Hazel+Bergeron · · Score: 3, Insightful

      What does that have to do with not being offended by mere words and responding to the situation logically?

      How do you logically respond to Hitler? Do you note that he has not killed anyone with his own hands and ask him nicely to step aside for a friendly chat? If he ignores you, do you just shrug and let him carry on? Do you tell his victims that he's an insane little man and that, if you're not standing up to him, you're just weak?

      Most verbal bullies aren't powerful because they call you names. They're powerful because they influence others' behaviour toward their victim. If you take aside the grunt who throws the punch, you're not solving the problem - you're removing a symptom.

      The US seems to fail to understand this in foreign policy, too. Contrast how the IRA has been neutered and ETA more recently tackled.

    4. Re:Ludicrous by Seumas · · Score: 5, Interesting

      If kids weren't beating the fuck out of each other in school and torturing and harassing each other in school, I doubt it would be an issue outside of school, either. In a lot of these instances, the online "harassment" is merely an extension of the viciousness that is occurring inside the walls of the school eight hours a day. Perhaps they'd be less inclined to do that outside of school if they weren't allowed to get away with it *inside* of school, too. The problem is that teachers and administrators look the other way. Trouble makers get away with it and at worse are "disciplined" but kept in school. Then parents excuse it as some sort of insane right of passage or character building exercise. The parents that do take it seriously reach a roadblock when nobody else engages with them and they're forced to send their kid to a violent prison for eight hours a day with no recourse to protect them.

      I remember a specific incident when I was in junior high in the 90s. There were two teachers right in front of me in the hallway and a large eight grader at the end of the hallway walked passed a small seventh grade student and in one swift motion, slammed his head directly into a wall for no reason. The kid passed out and had a concussion. The teachers didn't respond. They just kept walking and turned at the next bend in the hallway. The kid who did it was a trouble maker and had a lot of detention. Was never expelled or removed from being a threat to the rest of the school.

      Unrelated, but interesting, I remember when I was in grade school and I was walking down a hallway. I was running my outstretched arm against the wall as I walked down the mostly empty hall. One of the special-ed kids was coming the other way . . . and at the last second, moved to the side and took a fucking BITE OUT OF MY ARM.

      Schools are fucked up places. At no other time in my life have I been forced to surround myself with sociopaths, criminals, and the insane.

  2. Subject smubject! by L4t3r4lu5 · · Score: 3, Interesting

    What kids do outside of school, in their own time with their own equipment, is no business of the schools. It's down to the parents.

    Worked in (UK) education for 7 years. I offer advice and training to teachers to introduce safeguarding and online safety into the curriculum, and so far have positive feedback. What the kids do at home, however, isn't our business.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
    1. Re:Subject smubject! by TheTurtlesMoves · · Score: 3, Insightful

      You made the fundamentally flawed assumption that parents want to raise their kids. They don't*, they want the government to do it and they want to bitch about what a bad job the government does too.

      * OK so there are plenty of parents that do raise their own kids, but this article not really about them.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  3. Re:The Land of the Free by perpetual+pessimist · · Score: 5, Insightful

    It's always been difficult to learn about "the land of the free" in an institution where you (the students) are forced by law to go there whether you want to or not.

    Excellent training ground for applied sarcasm and irony appreciation, though.

  4. Poor values and negative reinforcement by Dutchmaan · · Score: 5, Insightful

    We keep on addressing effect after effect, when we need to be addressing the cause of the problems. Our problems don't stem from Facebook or music or video games, they come from the 'values' in our society. Our 'me first' attitude of competition is coming home to roost. Don't like bullying, well guess what, it's been taught to us from day one to 'win' and to kick someone when they're down so we can stay on top. From kids to corporate america to congress we need a values 'regime change'. Imagine what our country would be like if we were taught from day one to think of the other guy first.. and to help people succeed so that they can be around to help us when we're down. Negative reinforcement from the time we're kids to young adult hood to the workplace... and people wonder why everyone is always afraid these days. I think my boss summed it up for me one day when talking about the company.. he said "It's all punishment and no reward." seems like a fair assessment of our society.

  5. Principles need to lay down the law. by Kaenneth · · Score: 4, Funny

    "Hello students, this is your principle seaking, I'd like to remind you that bullying will not be tolerated, in particular, calling Josh Smith a 'whiny little faggot' or 'a little bitch' because he complained about being bullied to school staff is not acceptable. Anyone seen beating him up after school behind the gym, which is out of line of sight from any teacher office, will be disciplined."

  6. Re:The Land of the Free by cappp · · Score: 5, Interesting

    Before the hysteria reaches epic proportions, the advisory itself can be found here (pdf). It's a pretty quick read, only 10 pages, and sadly enough lacks any mention of enforcing rules outside of school, forced indoctrination, political correctness, or secret Muslim plots. TFA however makes for some nice slanted coverage, if anyone is looking for a chuckle I encourage you to read it.

    Oh yeah, kids have limited consitutional rights - especially in education.

  7. Re:somene please help me by Manip · · Score: 5, Insightful

    1969. When free speech in schools could be curtailed if it "substantial interference with school discipline or the rights of others." Since then it has been further limited. 1988, school newspapers censored, and 2007 suspending a student for wearing an offensive t-shirt OFF school premises.

    I think it is an interesting area for debate, particularly when state education is legally required. But then again I guess teachers need to have some level of control. I think the most controversial area is if school should have any input into what students do in their own time rather than the police.

  8. Re:somene please help me by MickyTheIdiot · · Score: 4, Insightful

    Children as seen as a commodity and chattel in the U.S. I know this will get modded as "Troll" or something, but it has to be said. We don't really see children as human in the U.S. We certainly don't treat them as humans. Even in this thread you can see people see "teenagers" as a totally other species.

  9. Re:Children don't have the right to free speech by mr100percent · · Score: 5, Informative

    Not really.
    In the US, the Supreme Court upheld the right of free speech for students in Tinker vs. Des Moines School District. Students can express as much free speech as they want provided it does not disrupt the learning environment, so outside-of-class speech is protected.

    Unfortunately, Bush's appointees have essentially punched a gigantic hole into the previous ruling with Morse v. Fredrick, where the Roberts Court determined that if the school officials have a seemingly good reason, they can abrogate free speech rights. This looks pretty easy to abuse, a school could claim to be protecting student safety and thus have license to patrol facebook and punish students accordingly.

  10. Re:The Land of the Free by cappp · · Score: 4, Informative

    Sections 1 and 2 of Article 3 wherein the Supreme Court is established and it's jurisdiction defined. That court has, in turn, interpreted the constitution and found that children are treated differently under the law. Consider for example Tinker v. Des Moines Independent Community School District where the court "allow[ed] schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." It is a murky legal area that reflects a complicated judical question about fundamental fairness.

  11. Re:The Land of the Free by zach_the_lizard · · Score: 3, Funny

    In other words, it doesn't, but the same organization that said that growing wheat on one's own property for one's own use can be regulated by Congress under the Commerce Clause has said it is, so there.

    --
    SSC
  12. Consider the Source and Read the Guidelines by trburkholder · · Score: 3, Interesting

    Oh for crying out loud. This is what passes for news at lame wannabe Tucker Carlson's attempt to mimic Politico? The guidance letter was published in October 2010 and you can read it here: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html

  13. Tucker Carleson by jbolden · · Score: 5, Informative

    Let me just point out the "original article" here is pointing to a news editorial site run by Tucker Carlson. The actual website run by the government dealing with bullying is http://www.stopbullying.gov/

    There is legislation pending in congress to make bullying more serious

    Tyler Clementi Higher Education Anti-Harassment Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported. Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school. Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs. Directs the Secretary to publish a report of best practices for combating harassment at IHEs.

    (Full Text: http://www.govtrack.us/congress/billtext.xpd?bill=s112-540)

  14. Re:The Land of the Free by Beyond_GoodandEvil · · Score: 4, Interesting

    Well that document did give them the power to make those decisions.... so.... Yeah. There.
    Not really, took over a hundred years and a bit of pretzle logic to get to that point. I expect the newer courts will wake up and realize that the ICC(interstate commerce clause) is not a catch all for whatever the govt. wants to do. See Thomas' dissent of Gonzales v. Raich.

    --
    I laughed at the weak who considered themselves good because they lacked claws.