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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.
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