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Student Expelled From Indiana High School For Tweeting Profanity
First time accepted submitter OopsIDied writes with the story that high-school senior Austin Carroll of Garrett, Indiana was recently expelled after tweeting profanity from his own home, writing "Supposedly the school has a system which tracks students' social networks after they have logged in at school. Although the tweet was done at home at 2 AM, the school decided that such behavior was unacceptable and that the most fitting punishment was expulsion. He did use a school computer, but it was set up to use the school network even when used outside the school because the school claimed the tweet was associated with the school's IP address." As usual, TechDirt has some biting commentary about the expulsion. But Hey, at least they didn't throw him in jail.
They can enforce the rules as they wish (just like employers). Student should have used a private ISP, instead of the government-owned school network.
My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
Sounds like the school is really behind. They need to get themselves in gear and expel the 90% of the student body that says "fuck" on a daily basis in the halls, in the cafeteria and on the buses.
Sounds like good schooling (if by schooling I mean preparing him for the real world).
The same thing would probably happen if he used a company computer to post profanity: the company would probably be within their legal right to fire him.
Their compuer, their rules.
Watch the Teaser Trailer for "The Lightning Thief" Her
Posted from work (but using my own proxy thanks).
They can enforce the rules as they wish (just like employers). Student should have used a private ISP, instead of the government-owned school network.
Perhaps. But should a high school student have been expected to know this?
Maybe they should have opted for jailing him for life. After all, isn't tweeting "fuck" an incitement to the masses to commit rape?
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
Using profanity in the halls, cafeteria, and buses is safe, because such incidents are not visible to parents, school board members, or the general public.
Twitter, however, is visible to the whole world, so anything undesirable must be just as visibly punished.
On the one hand, i've said it over and over again, giving punishments for writing on the bathroom stall door (aka twitter) is stupid. Will always and forever be stupid.
However, if he used the school's network/computer to do such, I can kind of see some punishment is appropriate.
I think expulsion was a bit much, some detention would have been just fine, but ahh well.
What do I know, I'm just an idiot, right?
Unfortunately, there seems to be an increasing frequency of reports of punishments for online posting. The precedent has been set, and there's no rioting against it. It seems rediculous to me, but this is going to continue for some time until some lawsuit strikes it down.
All issues of who own what aside, honestly, who gives a fuck what the kid said unless it was like...death threats? Seriously...why would you expel someone for using profanity in the first place? A stern talking to, perhaps, but expulsion for this? Good lord.
"Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
Schools loaning computers are still a relatively uncommon thing. These kids are being given an opportunity to learn to use a tool that will greatly increase their future opportunities. Encouraging the kids to use it wisely is a good thing. How many reports have we seen about an employee misusing equipment and getting into big trouble, including a ruined reputation through reports in the press.
Sure kids are in rebellion and think that they can do anything they want. They have not yet understood that gifts come with strings. They think that by taking a computer they are doing the school a favor. That education is favor they do for their parents and a favor that society gives to them. Sure, it is cheaper than jail, but we are more than willing to pay for and put them in jail.
That said expulsion might seem a bit harsh, but we really don't know what else this kid has done or not done.
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
While the punishment seems extreme if it was just some generic undirected profanity, I have no problem with the expulsion if the post was extremely racist or similar.
I know that citizens in the USA throw around rights of "freedom of speech" to justify saying almost anything, but in most of the rest of the world, you can't go around yelling niggerfaggott and expect no serious consequences. Twitter is no different.
What a terrible school. Profanity = expulsion? Are you kidding me?
What gives them the right to ruin the kid's life for a minor thing? I bet you that, statistically, some percentage of their teachers are committing adultery. Should we punish them too?
Pffffft. America? How about the United States of China
Carroll says he doesn't think he should be punished by the school for what he posts on his own time and on his own computer.
I can see how this would be acceptable if it were a school computer, but his own computer from inside his home?
That's just fucked up.
R I D I C U L O U S
Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
Of educators, lawmakers having no idea what the internet is. "Hmm, since he said it from our address, it's like he's speaking for the school. The whole internet is going to thing we use bad language. It reflects poorly on me!"
I'm sure you've all heard this before, but it bears repeating here:
...fuck is the only word referred to as 'the f word... It's the one magical word. Just by its sound can describe pain, pleasure, hate and love. Fuck, as most words in the English language is derived from German ...the word fuieken, which means to strike.
Perhaps one of the most interesting words in the English language today, is the word fuck. Out of all the English words that begin with the letter 'f'
In English, fuck falls into many grammatical categories:
As a transitive verb for instance.. John fucked Shirley.
As an intransitive verb... Shirley fucks.
Its meaning is not always sexual, it can be used as...
An adjective such as... John's doing all the fucking work.
As part of an adverb... Shirley talks too fucking much.
As an adverb enhancing an adjective... Shirley is fucking beautiful.
As a noun... I don't give a fuck.
As part of a word... absofuckinglutely -or- infuckingcredible.
And as almost every word in a sentence... Fuck the fucking fuckers.
As you must realize, there aren't too many words with the versatility of fuck...such as these examples describing situations such as:
Fraud: I got fucked at the used car lot.
Dismay: ahhh fuck it.
Trouble: I guess I'm really fucked now.
Aggression: Don't fuck with me buddy.
Difficulty: I don't understand this fucking question.
Inquiry: Who the fuck was that?
Dissatisfaction: I don't like what the fuck is going on here.
Incompetence: He's a fuck-off.
Dismissal: Why don't you go outside and play hide and go fuck yourself...
I'm sure you can think of many more examples.
With all these multi-purpose applications, how can anyone be offended when you use the word. We say use this unique, flexible word more often in your daily speech.
It will identify the quality of your character immediately.
Say it loudly and proudly: FUCK YOU!
Waiting for ad.doubleclick.net...
If was a tax payer for this school district I'd be very pissed. If they stick with their expulsion they are going to get sued, I guarantee it. I bet their are civil rights lawyers chomping at the bit to take this case, more then likely for free. This is going to cost the school a crap load of money and will not solve anything either way. Do schools not use common sense when dishing out punishment anymore?
I love that in 5 years when he goes to look for a job and his potential employer does a web search on his name all this crap if going to come up. Enjoy your social media.... in 20 years too.
When you use your company laptop or company phone, all bets are off w.r.t. freedom of speech and privacy. Even if its on your own time and/or off company property.
So lets leave those company phones and laptops at work after quitting time. And bring your own phone for use during lunch breaks. If they need to contact you 24x7, they can pay you 24x7, time and a half after 40 hours, of course.
This kid got a tough lesson. But at least he didn't lose a job over it.
Have gnu, will travel.
Not like the equipment should only be used for school work.
Remember kids, wiretap laws and the Bill of Rights don't apply to you when you're enrolled in school.
Anyone agreeing with the school here really needs to read TFA (specifically the TechDirt article). Apparently he Tweeted while at home, and the school had a system set up that tracked all Twitter logins, recording all Tweets on those accounts. The kid must have logged in subsequently to posting the Tweet, and their spy system picked it up.
I mean, what the fuck. The school is literally spying on its students' private accounts. I bet their system picked up Direct Messages too, all in the name of anti-bullying. I really hope this kid calls the ACLU and gets this shut the hell down. This is a huge violation of his and the other students' rights. If he had posted the Tweet from the school it may have been slightly different but still an overreaction. This is outright wiretapping, unauthorized use of an account, a declaration that students' private lives are subject to the school's rules... what the hell is going on here?
It's better to vote for what you want and not get it than to vote for what you don't want and get it.
- E. Debs
I'm fucking tired of these goddamn cocksuckers who have nothing better to fucking do than tweeting nothing but profane shit.
Funny how the same issues seem to come back over and over again, just like the Swearing Police. ;)
Under normal circumstances, school children stand far more chance of actually offending people when they swear at school than if they swear it tweets.
Can someone please help me dig up George Carlin now? He's spinning in his grave so fast, we could use him as a form of renewable energy!
Kan you see what I did there?
Yes, risky behaviour at this age is part of the evolution of human species. They seem to ignore that the environment where they live has rules set and enforced to ensure stability. Selection is at work and some make it, some don't. It's part of life.
Had he said the same thing in the hallway, at worst he'd have been told to shut up.
But because he "spoke" through a computer, he deserves explulsion?
The school's policies are seriously screwed up.
Sorry, in the vernacular of the students, "seriously FUCKED up!"
I do not fail; I succeed at finding out what does not work.
Phone 260.357.4114
press 3 for the principle's office
As long as you are not referring to reproductive organs, sexual conduct, you can say "fuck" all day long. The words in question ARE NOT obscene, and therefore protected under the first amendment. http://en.wikipedia.org/wiki/Obscenity "In short, freedom of speech means the freedom of fucking speech, you ignorant cocksuckers." Ruth Bader Ginsburg.
Can we throw everyone in jail who believes people should be punished over non-objective criteria and concepts?
The same thing would probably happen if he used a company computer to post profanity: the company would probably be within their legal right to fire him.
Couple issues with that:
1) Private companies != public schools; the students have an involuntary compulsion to attend. If the school requires the students to have school-provided laptops, then the same involuntary compulsion applies. I imagine one could attempt to argue "he could have used his own laptop," but that mentality belies a certain level of ignorance regarding the lack of fiscal security a great number of American families are forced to deal with these days. Also, it would indicate that whoever makes such a statement failed to RTFA, as it states:
Emphasis mine.
2) If a person working for a private company used a company computer to engage in a similar activity, any disciplinary action would likely be a result of the employees violation of the company computer use policy, and not for the specifics of the post; unless, of course, the post was damaging to the company's public image. Of course, I am curious to know what, if any, computer use agreement the parents (as minors cannot legally enter into contracts) signed prior to this incident.
An enigma, wrapped in a riddle, shrouded in bacon and cheese
I wonder if they'd expel him for writing profanities with a pencil from school on paper he got from school as well?
=================
Unix is very user friendly, it's just picky about who its friends are.
...and stories like the assistant principal at a Lower Merion PA school district spying through the webcam on student issued laptops (remember that?), I have to say one thing about student-issued laptops:
Laptops are cheap enough. Use your own. Treat the school issued one as toxic. Refuse it.
They are simply too dangerous to even turn on.
And those in authority wonder why they are distrusted.
--
BMO
In my opinion choosing not to block twitter from the school network is implicit allowance of their use of twitter.
Unless they pop up a "You are accessing a social network from a school network (perhaps unknowingly) you are bound by the following rules of conduct: A-Z)" first, they've essentially created an attractive nuisance.
How much *less* work would it be to not have to eyeball every single tweet made by students?
School's computer = school gets to set policy. Violate policy = school infraction. If my employer gives me a laptop and I VPN in then post obscene crap on Twitter, I'm not sure I'd feel justified in complaining if they fired me. Assuming the policy was written down and provided to me beforehand.
Expelling a child does impact them later in life more than being fired.
Democracy Now! - uncensored, anti-establishment news
Now, if as per HuffPost, he did it on his own time using his own equipment; then the school is way out of line.
I'm a consultant - I convert gibberish into cash-flow.
Didn't we just have a news item about offensive speech?
I can see being upset about speech that causes actual damage, such as promoting drug use, bullying another student, provoking specific violence ("I'm going to kill you tomorrow, Danny") or posting private information.
Offensive speech? Obscenities? It's a stupid idea to start regulating this stuff, as there will be a lot of it.
by Language Log:
http://languagelog.ldc.upenn.edu/nll/?p=3864
He got 3 of the five I think? They ought to at least offer him independent study to pursue his research further.
Phone 260.357.4114 press 3 for the principle's office
Sue the school for "not intruding" into the personal lives of every other cussing student. Why did they open themselves up to liability of enforcing students private speech? How many have been victim to one of their students on a rant in a public place, virtual or real, where nothing was done?
One of the only ways to get past this undesired practice of intrusion into personal life by the schools is to hold them accountable and show them what they stepped in with their new practice. They enforced their whim in an area they should not be intruding. It does not matter who owned the pipes used by the punished. If they want to play full time nanny, hold them to it for all students. They do not get to apply a policy to only a single student they have in their sights.
...when he found out he was expelled was probably "Fuck" so all the school is doing is encouraging his profanity.
Seriously though, this is happening more and more across the country. I don't understand how the school gets off thinking it is their job or right to police what kids say outside of school or what they do with their accounts or anything on the internet if they are not specifically mentioning the school. At the very most, he should have had the school issued laptop taken away. That's it. Sure if they are attacking a staff member directly they can go from there, but trying to stop anyone from cursing ridiculous at least, and most likely a constitutional violation.
"I hope you know how very lucky you are to know me, because I am so incredibly incredible."
They deserve each other. Everyone's got an acceptable use policy. Learn them. On the other hand the school needs to focus on what's relevant to their job and not social engineering everything else. I would hope, and I'm serious here, the school simply pulls the plug on their own network.
Even if the kid did post the tweet during school from a school computer using the school's network, do you really think expulsion is an appropriate punishment for writing "Fuck"?
At most, in the worst case, this was worthy of a verbal reprimand like "Don't fucking do that again!"
Execute the principal! A perfectly reasonable punishment for this stupid expulsion using the principals own thinking!
IF ruining a child's life with crewel and unusual punishments then the appropriate remedy is to apply an extreme punishment for the transgression. Applying the golden rule to some degree... Since this is far worse than profanity the only thing I think is relatively similar is to execute the principal.
Nanny State Industrial Complex. Beware!!!
#fuckthosekneejerkoffs Close the School. Nuke the site from orbit. It's the only way to be sure.
Idiots. Seriously, the school should be closed and the incompetent idiots responsible for this prevented from working with children ever again.
N.b. would the "nuke 'em from orbit" movie reference qualify as a "threat" even though it is completely unrealistic (how many terrorists, much less high school kids, have access to enough delta-v to achieve orbit, or fissionable material)? Not that it matters, apparently stubbing your toe and saying shit! is enough to get expelled, esp. if you tweet it. Singing "Hura Hura die Schule Brennt!" ("Huray Huray the school is burning down") in German class is probably enough to get a visit from the FBI. I'm so glad I'm not a teenager growing up with this shit.
As someone who has dealt with the enormity of school idiocy, let me just state that a quick call to the family lawyer will get all this straightened right out. If threatened with a law suit, the school will buckle. Also, if this is what constitutes an expulsion these days, I never would have made it out of grade school.
Would he have been expelled if he swore in school?
I've heard of cases where a student got detection where a prof caught a student swearing, but unless he was swearing a blue streak *AT* a prof I haven't heard of it resulting in expulsion.
In many cases cussing in school is overlooked unless it reaches a certain threshold...
Here's the original local story:
http://www.journalgazette.net/article/20120325/LOCAL0201/303259931
It appears the confusion all over the place here derives from the fact that there were two separate incidents. First, last year, he used school equipment to post a profane tweet and was suspended. Then, recently, he posted the above linked profane tweet, but it was from home, on his own computer, not on the school's network at all. They just saw it because they were examining his Twitter account because of the last incident.
Hopefully that clears up some of the confusion.
So they expelled the student who used the word "fucking" as a joke, but not the teens that are doing it and getting pregnant? What a wonderful example for the other kids, do it or shut up about it.
This reminded me of something Bigger, Longer & Uncut.
You can't handle the truth.
Comment removed based on user account deletion
You guys are missing the worst part of the story. This principal, Matt Smith -- mailto:msmith@gkb.k12.in.us -- is one of us. He's a nerd. He got a BS in math. Also, the idiots running their website don't know how to load a thumbnail image, instead of scaling a big one. How did the world come to this. Maybe this kid is actually a jock who picks on nerds, and Mr. Smith decided to get even with him out of some misguided sense of justice. Maybe Mattie here got too many wedgies in school.
This is why lawsuits have jury trials for large monetary sums. The other parents and town residents are on the jury, and don't want to shell out taxpayer money.
You won't like it.
To a Lisp hacker, XML is S-expressions in drag.
Kids need to get slashdot accounts and post their useless drivel as AC like the rest of us... That way their fucktarded teachers can't say shit.
I don't really much care to list all of the reasons this is fucktardedly rediculous..we all know what those reasons are. Gross systemic failure of society and common sense.
http://xkcd.com/1022/
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
There was a Supreme Court case, Layshock v. Hermitage, which was very similar to this one: high school senior posts offensive content outside of school, punished with banishment to an "alternative" school (where they send the special naughty kids). Layshock sued the school district and won, on the following grounds:
The only potential liability is the fact that his school laptop VPNed through the school, but because the tweet was in no way illegal (not even questionable... it's a diatribe on the word "fuck" for those who did not RTFA) there is NO CHANCE of legal liability by the school, barring some obscure law that requires schools to censor all outgoing bad words or something.
This student needs to sue his district. What they did to him is not right, and very similar cases have resulted in rulings in favour of students.
Lets here it for higher standards and higher morality. No i am not being funny i am quit serious. Ya i was a teen yes i cursed kids curse its nothing new, but the difference here is hes cussing publicly using school property where everyone can hear/see him not just being a part of a group of kids with no adults around. If i would have been caught cussing by my parents/teacher i ass would have been grass.
Jack of all trades,master of none
I continue to find it amazing how much people care about swearing in the US. When I worked out in our US office, they used to make a big issue about how swearing was considered "red zone" and a disciplinary offence. I mean, seriously? I'll agree that swearing generally doesn't make you look the brightest, and to clients and customers it's a definite no-no. At school, sure give the kid of punishment. Expulsion though? Seriously? I mean, the tweet in question isn't even that offensive.
Oh I know.
Twitter: "@GarrettHighSchool. Fuck you. I dare you to expel me. Plz RT."
Whether or not you're actually a student is their problem, not yours.
My brother is currently in highschool and they have a laptop program there too. I got a chance to inspect his laptop. Students are encouraged to use their laptops not only at school, but also at home. They're allowed to take them home, over spring break, over summer break, and they have a trade up program.
However, all traffic from the laptop is routed through their VPN, you can't even shut it off or edit any system settings. They have the OS completely restricted. If you install anything on the laptop without their permission, they reprimand you for it. They have unfettered access to the embedded webcam (I told him to put a piece of electrical tape over it and if anyone questions it ask why he needs to remove it) and they also have complete remote access abilities to monitor his laptop.
Honestly this is all pretty sick. A school isn't a business. While it may be appropriate for a business to protect it's assets and make sure they aren't being misused, the school is run by the government, which is in turn (supposed to be) run by the people. A simple reimage of the computer would wipe anything the user has done. As long as they don't physically break it then there shouldn't be any problems. Instead they are not only going out of their way to lockdown the OS (which prevents any sort of meaningful learning experience outside of a handful of software suites they deem worthy), but also patrol what their students do, which in turn opens up space for liability as well. Whatever happened to parents doing this sort of thing anyway?
If he didn't HAVE to use the laptop, and oh yes, they are required, to use the laptop in school, outside of school, and they can't buy their own, I would suggest him using the home computer. They are required to essentially funnel everything that is school related through the device. There aren't ways to access the in school programs outside of the VPN, like the drop box.
This is exactly how NOT to do a laptop program if you give a shit about the people actually using them.
When done correctly, can be very effective.
http://www.youtube.com/watch?v=s9arSotadmY
Sounds like this kid learned a very important lesson with relatively little personal cost.
- There are always petty tyrants who will seek to exercise their power. Find out who they are, how to avoid them, and when to ensure you have a sacrificial scapegoat to blame.
Two things remain:
1. Hire the most unethical lawyer you can find to straighten the school out.
2. Become intimately familiar with every social media account of every authority in the school. Do a little monitoring of your own. Turnabout is fair play, and absolutely delicious when served cold.
mmmm, a 5-year old laptop!
You are sidestepping the real question though.
Whis is this: why the fuck should a kid be expelled from school, for tweeting a single profane utterance, on accident?
At the most this warrants a stern talking to.
What a fascist state we live in.......
If he tweeted his junk the school officials would all have to report themselves for having childporn. At least a complete investigation would need to be done on ALL the computers owned or operated by the school officials. Children, gird your loins, but drop your drawers.
Earl was our best programmer.
Please see me in my office.
Sincerely,
Your boss.
I'm used to pointing people to quotes from the article linked, but this is the first time I've had to point to damn summary.
You must be new around here.
You surrender a lot of rights when you enter a school.
According to whom?
On top of that, yes you have free speech, but there are still consequences. I can't run into a crowded theater and yell "FIRE" and expect to get away scott free.
Ironic you used that example, since it's an example of why free speech restrictions are inherently flawed.
If a well meaning guy runs into a crowded theater and yells "FIRE", because there is an actual fire with smoke and flames and all......what's the practical difference between the outcome of this situation, and a similar one where a prankster does it for fun? Odds are people would get hurt in both situations, regardless of the person's intent, because yelling "FIRE" in a crowded room is a good way to panic people, especially if if there is an actual danger.
I wonder......was there a huge outbreak of "FIRE" pranksters in years past, which was miraculously solved by the introduction of these anti-freedom and anti-free speech laws?
The answer of course is no, because laws do not, cannot, and never will work to solve social problems.
Our society is gone fucking nuts--I mean, out of goddamn control when it comes to ridiculously over-harsh punishments for innocent things which merit a slap on the wrist if anything at all. It's totalitarianism, tyranny which has gone unchecked for far too long.
Our forefathers would weep with shame if they could see what we've become.
Cursing another person is not communication
That's where you're wrong, dumbass!
We should not give something to someone so we or you can tell them what to do or not do. ...But that is what they are doing.
Do they have my permission to do that? My permission doesnt matter does it? The idea of permission not mattering.
If they are at home. then that is a private setting. These social media sites are also not inside the schools boundaries. The internet is a conduit, part of a common infrastructure. In fact their vpn (if one) was not needed except that the school specifically wanted it, and so now they complain about it. All the pipes have to pass somewheres. Your wires were violated. give me a break. Broken wing dance.
Also there is the fundamental question:
Human rights, are they less than, greater than, or equal to the property.
If human rights are less than property then property is a means of denying people their rights, thereby controlling them to a degree outside the means otherwise available to you.
Plenty of people here have signed up for the newsletter.
There are so many things wrong with what happened to this kid that I scarcely know where to start ranting but the most glaring is expulsion. Cussing in school was something that might get you a detention sentence to an hour of study hall after school for a day or two but expulsion for cussing is beyond sanity. There need to be some school employees fired for pulling this absurd crap.