Student suspended for facebook slam against teacher

[DaemonSeid]

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.

[Kevin]

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.

[honeychile]

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.

[AXOmom]

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.

[DaemonSeid]

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

[chitownxo]

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.

[Ch2tf]

Originally Posted by Kevin

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.
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.

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.

Originally Posted by honeychile

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.

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.

Originally Posted by chitownxo

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

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

Originally Posted by chitownxo

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.

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.

[RU OX Alum]

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

[AnotherKD]

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

[Ooh La La]

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.

[RaggedyAnn]

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.

[Ooh La La]

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.

[DrPhil]

Originally Posted by DaemonSeid

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.

Co-sign 100%

[DrPhil]

Originally Posted by Ooh La La

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.

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.

[honeychile]

Originally Posted by DaemonSeid

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

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.