Student suspended for facebook slam against teacher
 

Link


Thoughts? Was his 1st Amendment rights violated?

February 22, 2010 (OAK FOREST, Ill.) (WLS) -- The family of a suburban Chicago high school student is considering legal action against the school after their son was suspended for creating a Facebook page that criticized a teacher.

Justin Bird, 16, a sophomore at Oak Forest High School, used his Facebook page to criticize a teacher.

Oak Forest High School's superintendent says the Facebook posting disrupted the school day, and that's why the student was suspended.

Bird's suspension has raised questions about whether school officials overstepped their authority.

A few keyboard strokes, a click of the mouse and a new Facebook page is born. And almost just like that, Justin Bird was suspended.

"I did this on this laptop in my room, sitting on my chair. I don't know how they can come into my house and suspend me for what I did on my own time," said Bird.

Bird admits he created a Facebook fan page on which he called a teacher a derogatory name. About 50 people became fans. And then, Justin took it down. But the next day at school, he received a five-day suspension. His parents are now considering taking legal action against the school.

"I don't believe it is the school's place to come into our home and to tell...my son he is suspended for something he did at home," said Donna Bird, Justin's mother.

High School District 228 Superintendent Bill Kendall says what Bird wrote was "disrespectful, inappropriate and lewd. Even though it was done at home, it disrupted the school."

But the American Civil Liberties Union says this case is part of a growing trend across the country.

In another case, Katherine Evans was suspended from her high school in Florida for writing on a Facebook page that her teacher was "the worst teacher she ever had." Last week, a federal judge ruled that Evans could sue the principal.

Legal experts say as long as students aren't threatening a teacher, they are protected by the First Amendment, especially at home.







Well, after reading the article, I feel as if he make derogatory comment about a teacher on the net (which regardless if you are at home or wherever) that can be seen by the public, then what happens next is on you.

Isn't this why we keep hearing about people who post pics or say stuff and get caught because they publicly post stuff on facebook?

I'm sorry, your 1st amendment rights may end at home but the internet is just like being outside.

If he was making critical comments about how the teaching style was disagreeable or that he felt as if he wasn't learning at a particular pace, then fine but if he said for instance, "Mr Smith is a fucking douchbag." well, you have no one to blame but yourself.

And if Facebook isn't blocked int he school, then the publication of the comment does actually extend into the schoolhouse and could arguably affect discipline within the school.

The First Amendment isn't unlimited. This isn't defamatory speech though. It's just simple invective. That said, I think whether it is occurring in the school and whether it affects discipline in the school is determinative here. Aside from that, nothing absolutely groundbreaking about this at all. Would the Principal like his life better right now had he left well enough alone? Heck yah.. but the school has a fighting chance if this doesn't settle.

Using the internet to post something - especially on a Facebook or other blog-type site - is just as private as hanging a banner out the window. He had every right to say that he didn't like the teacher, in any language he wanted to use, but he chose to use a public forum to do so.

He didn't score any points with me for doing so.

My alma mater just kicked a football player off the team (lost his scholarship) for posting something about the coach on FB as well as a comment the school considered racist. It's made quite the news story up here.

msnbc is reporting that the kid can have his suspension lifted if he agrees to anger management class.

It's always interesting when your high school makes the national news, isn't it? You just kind of hope it's for a more positive reason.

As you can guess, this has been a hot topic around here. Our local paper, The Southtown Star is reporting that the teacher and student have had issues most of the year, and that the teacher admitted to calling Justin stupid. http://www.southtownstar.com/neighbo...thtownstar.com

People are pretty well divided on this. Some think that the Birds need to land the helicopter and make Justin face his punishment. Some think that the teacher is getting off way too lightly and there's more to this story. I will say that District 228 has a history of coming down harshly on kids then backing off. I'm guessing that there will be a compromise soon as the district cannot afford a law suit of this type.

They way the video and article posits this, it was taken down before school started the next day, so basically it was conversation, gossip, etc. in school the next day. If assume this indeed was disruptive, then so is stuff like the Brittany Spears-Madonna kiss at the VMAs, The Rhianna-Chris Brown controversy, etc. This seems like it's setting the precedent for anything that might happen outside of the school that the school doesn't like can be disciplined in school. And I don't see that as the role of the school.


While it indeed isn't private that doesn't mean the school can discipline him for it either because they don't like it. He doesn't get any cool points with me either, but I think this is a reach for the school.

If this is the case, I'm wondering if the school has any disciplinary action planned.

I'm on the fence about if this is helicoptering. If he used derogatory language, was indeed disrespectful, etc. I do think his parents need to address that but I still don't think it's the place of the school to discipline him for this either.

What's up with schools lately? Aminds, etc. have been more douchey than normal

The 1st Amendment doesn't say anything about giving you a hug if you're offended.

The kid made a douche move, but it did not happen at school. It's like seeing your teacher in a grocery store, saying something rude, and then telling all your friends about it. The school overstepped its boundaries and I think they're in for a long fight.

But, what about if it affects the teacher, say when he applies for another job somewhere?

My parents would have made me write a letter of apology to the teacher.

It also says the facebook page was removed. So I don't think it would affect the teacher's job hunt.

My parents also would have made me write an apology. The kid was rude and probably should. However, if the teacher really had been calling this student stupid, maybe both parties deserve an apology.

Co-sign 100%

Then the CHILD needs to handle it through the proper parental channels. Regardless of what people think in this Internet era, proper channels are not replaced by the Internet.

I like this idea. Even better would be a course in appropriate behavior. If this kid had posted this in a diary (as in pen & paper), there would be NO fuss about this.

Another thing comes to mind. People are harping that he did it in the privacy of his own home.

Hmm...last I checked, facebook is accessible anywhere you have the ways and means to do so.

Moreso, this wasn't just a status update, but a Fan page.

Yeah, but here's the thing. In the end it's still a CHILD doing something stupid. Eventually he wised up, realized it was a mistake, and took down the page. It was taken down. Who hasn't said something stupid as a kid? He obviously learned his lesson, but suspension simply isn't acceptable when it doesn't occur on school grounds.

And that's why he can be held accountable by his high school (and parents).

The same goes for ADULTS who do stupid things on facebook and are held accountable in the workplace or college/university.

Kids these days have been allowed to fly off the handle and that is partly due to the Internet and excuses being made for their behaviors.

He created a fan page. Children only learn lessons when the excuses end and there are negative consequences for their behaviors. I am glad that his school is punishing him and not leaving it up to the parents. If his parents are smart, they will also punish him, including making him close his facebook account. I don't think children should have myspace and facebook, anyway.

Off with his head! :)

He got what he wanted: Attention and an ability to vent. Luckily, he is also getting what his child mind didn't consider when he CREATED the page. :)

I have absolutely no tolerance for unruly children and students, including college students. The behavior has to be challenged head-on instead of leaving it up to them to realize the error of their ways.

if his parents were extra smart, they wouldn't have waited a 1/2 a school year to follow up on this. This would have been nipped in the bud and monitored after that first PTA meeting in November.

The school's responsibility to give out punishments ends at school. It does not extend into the home. That isn't just my opinion. It's something that has been confirmed in higher court many times in the past. If the parents did choose to pursue legal action, there's almost no doubt they will win.

The issue right now is not if the child did something wrong. It is if he did something wrong that occurred on school grounds and directly affected the school. He did not. The post was removed before school the next day. The school overstepped its boundaries. They have no right to police matters that don't occur in school.

Dr. Phil, I think your clear crotchety attitude against adolescents is affecting your judgement here.

Correction...it was up for 5 days.

5 days 50 hits...do the math.

No, the school's responsibility to give out punishments extends to all behaviors that impact the school. That also applies to students who use school property for personal use (which wasn't the case in this instance).

However, it would be hilarious for a student to stop doing homework and tell a teacher "you have no say over what I do at home."

You were just a badass kid who didn't get punished for your behavior.

^^^ Exactly. What this kid did has the potential to disrupt learning for everyone else. What if those 50 (any any number that had seen it therin) that saw it decided they wanted to act out in class because of what he posted?

He became the catalyst for that action.

You just completely created a logical fallacy jumping from reasons for punishment to homework issues. If I call a teacher a name to a group of friends, outside of school, then the school can't do anything about it.

Maybe I'm just against the man, but I'll be damned if I let school officials tell me what I can and can't say outside of the classroom.

Is it Oregon? The Ducks? I read that on MSN or AOL, yesterday.

That's because you didn't leave a PERMANENT record of it like what this kid did on facebook and also you are talking about around a group of people whereas he left something up PERMANENT wheer EVERYONE can see.

Like...graffiti.

If the school were to regulate things like this, (which I still don't think they should) then there NEEDS to be something in the student content handbook about it. Those are the "rules of the school." If facebook isn't covered in there, then it's fair game. Technically, the student broke no rules.

I don't like this at all. I agree with Oh La La. The school far overstepped its bounds. If the principal was so concerned he or she should have contacted the parents and allowed them to deal with the issue. I am appalled by the recent trend of schools encroaching upon the privacy and free speech of students away from the school or on their own free time. This sets a very bad precedent and can only lead to a slippery slope that will eventually result in much worst invasions of privacy.

Why does there need to be a rule to teach you to use 'discretion', 'think before you act', and 'conflict resolution'?

That should be taught at home.

Of course there should be a rule, because otherwise it becomes too subjective.

I call bullshit on that.

No one should have to, IN WRITING, how to solve life problems.

..although there are enough books on it.

Good for them. Mine would too and they would have made me accept my punishment.

And it wouldn't have mattered a whit if the teacher had called me stupid, because I would be held responsible for my own actions.

Let me know how that works out for you when you use your home computer on your own time to create a Facebook page criticizing your boss and then cry foul when you get fired.

And no, it's not like saying something rude to your teacher and then telling your friends about it. It's like taking an ad out in the newspaper knowing that the newspaper could have wide distribution, including possibly in the school.

Obviously? I don't know that it's that obvious. From the article linked, it doesn't look like he wised up and realized the error of his ways. He left it up for five days and only took it down when he realized he might be about to get in trouble.

He's an almost-adult kid. Sure I did stupid stuff as a kid, and part of the lesson-learning from that was that stupid things come with consequences.

Care to cite some of those higher court cases? Based on the limited information we have, I'd say there is definitely doubt as to whether he'd win.

He created the page outside school, but it had a direct connection to school and a direct impact on the school, on the teacher and on the classroom. By posting on the web, he published something that could be accessed on any computer, including, as Kevin noted, the school's computers unless access to Facebook was blocked by the school.

(In case you can't tell, I'm 100% with DS and DrPhil.)

You don't know what a logical fallacy is.

And let's be honest, people. We all weren't perfect angels, but if we knew that we were going to do something that had potential of being bad, most of us were SMART enough to not leave an obvious paper trail!

Do you know for sure there is nothing in the handbook addressing this? Granted, the article says there's nothing about Facebook in the handbook, but I'd wager there is something about harassment of others. I know many school systems have included cyber-harassment in their definition of harassment. There is also probably something about disruption of school or disruption of the learning environment.

see page 3 and 9.

Who gon check me, boo?