Appeals court weighs teen's Web speech

[LiberalNation]

Schools should have no authority over things that happen off school ground/functions. This is bullshit.

http://news.yahoo.com/s/ap/20080305/...oNrBd2ORdvzwcF

[quote]NEW YORK - A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn't have been punished by the school, her lawyer told a federal appeals court.

But a lawyer for the Burlington, Conn., school told the 2nd U.S. Circuit Court of Appeals on Tuesday that administrators should be allowed to act if such comments are made on the Web.

Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer.

In her Internet journal, Doninger said officials were canceling the school's annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled.

According to the lawsuit, she wrote: "`Jamfest' is canceled due to douchebags in central office," and also referred to an administrator who was "pissed off."

After discovering the blog entry, school officials refused to allow Doninger to run for re-election as class secretary. Doninger won anyway with write-in votes, but was not allowed to serve.

A lower federal court had supported the school. U.S. District Judge Mark Kravitz, denying Doninger's request for an injunction, said he believed she could be punished for writing in a blog because the blog addressed school issues and was likely to be read by other students.

Her lawyer, Jon L. Schoenhorn, told the appeals court Tuesday that what students write on the Internet should not give schools more cause to regulate off-campus speech.

"It's just a bigger soapbox," he said.

[hjmick]

I came across this story earlier today and have to say that I had the same reaction. Unless the student in question made the entry while on a school computer or unless the entry caused a problem at school, it's none of their damn business.

[theHawk]

Schools should have no authority over things that happen off school ground/functions. This is bullshit.

http://news.yahoo.com/s/ap/20080305/...oNrBd2ORdvzwcF

NEW YORK - A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn't have been punished by the school, her lawyer told a federal appeals court.

But a lawyer for the Burlington, Conn., school told the 2nd U.S. Circuit Court of Appeals on Tuesday that administrators should be allowed to act if such comments are made on the Web.

Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer.

In her Internet journal, Doninger said officials were canceling the school's annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled.

According to the lawsuit, she wrote: "`Jamfest' is canceled due to douchebags in central office," and also referred to an administrator who was "pissed off."

After discovering the blog entry, school officials refused to allow Doninger to run for re-election as class secretary. Doninger won anyway with write-in votes, but was not allowed to serve.

A lower federal court had supported the school. U.S. District Judge Mark Kravitz, denying Doninger's request for an injunction, said he believed she could be punished for writing in a blog because the blog addressed school issues and was likely to be read by other students.

Her lawyer, Jon L. Schoenhorn, told the appeals court Tuesday that what students write on the Internet should not give schools more cause to regulate off-campus speech.

"It's just a bigger soapbox," he said.

How was her freedom of speech rights violated? No one is stopping her from posting such comments, she is completely free to say what she wants.
But she needs to understand that a school is not going to allow someone that slanders their staff to have the previledge of holding student body positions.

People need to learn that there are repercussions for what they say publically. Sure, we all have the freedom to say anything we want to, but we also have to accept reponsibility for what we say. When you slander people in public don't expect them to be nice to you.

[theHawk]

I came across this story earlier today and have to say that I had the same reaction. Unless the student in question made the entry while on a school computer or unless the entry caused a problem at school, it's none of their damn business.

True, but if the students themselves found out about it and were spreading the word, then the school officials would have the right to respond to it once learning about it right?

[LiberalNation]

Half of all school officials are douchebags, this is just another example. Like they don't talk shit about students too.

[hjmick]

True, but if the students themselves found out about it and were spreading the word, then the school officials would have the right to respond to it once learning about it right?

I would have to say no, unless there was some sort of disruption of the school itself as a result of her blog entry. If all the students are doing is talking about it, that is harmless. Gossip. That is less disruptive that passing notes in class.

[theHawk]

Half of all school officials are douchebags, this is just another example. Like they don't talk shit about students too.

And if they posted public web pages slandering a student, they would be in alot of trouble.


This isn't about freedom of speech, its about allowing school officials to punish a student for slandering.

[LiberalNation]

Thing is, they have no authority to do it if the slandering doesn't happen on school grounds. They aren't the civil police for the general public. If a parents had posted this and they had punished that parents student would you still be for it.

[gabosaurus]

Schools are not a democracy. Students have a right to fair comment. Schools have a right to react to that fair comment.
It's not unlike a business. If you are working for Company A, and you post a blog that says "Company A is going into the toilet because Mr. Shithead is a terrible boss," I am guessing that Mr. Shithead will can your ass if he finds out.
School prepares you for life. Life is about cooperation. If you say or do something wrong, you are going to pay the consequences.

You think private schools are any different? Many private schools have a "code of conduct" that students have to adhere to, 24/7. Public schools do the same thing with students that they consider to be representatives -- athletes, class officers and such.

It's called "personal responsibility." Too bad so many parents fail to instill that in their kids.

[Monkeybone]

Schools are not a democracy. Students have a right to fair comment. Schools have a right to react to that fair comment.
It's not unlike a business. If you are working for Company A, and you post a blog that says "Company A is going into the toilet because Mr. Shithead is a terrible boss," I am guessing that Mr. Shithead will can your ass if he finds out.
School prepares you for life. Life is about cooperation. If you say or do something wrong, you are going to pay the consequences.

You think private schools are any different? Many private schools have a "code of conduct" that students have to adhere to, 24/7. Public schools do the same thing with students that they consider to be representatives -- athletes, class officers and such.

It's called "personal responsibility." Too bad so many parents fail to instill that in their kids.

thank you Gabs. i was just thinking the same thing. there are no consequences to fear until they hit the real world and then kids freak out.

[Yurt]

How was her freedom of speech rights violated? No one is stopping her from posting such comments, she is completely free to say what she wants.
But she needs to understand that a school is not going to allow someone that slanders their staff to have the previledge of holding student body positions.

People need to learn that there are repercussions for what they say publically. Sure, we all have the freedom to say anything we want to, but we also have to accept reponsibility for what we say. When you slander people in public don't expect them to be nice to you.

then sue for slander like any other plaintiff, not abuse your administrative authority.

[Yurt]

Schools are not a democracy. Students have a right to fair comment. Schools have a right to react to that fair comment.
It's not unlike a business. If you are working for Company A, and you post a blog that says "Company A is going into the toilet because Mr. Shithead is a terrible boss," I am guessing that Mr. Shithead will can your ass if he finds out.
School prepares you for life. Life is about cooperation. If you say or do something wrong, you are going to pay the consequences.

You think private schools are any different? Many private schools have a "code of conduct" that students have to adhere to, 24/7. Public schools do the same thing with students that they consider to be representatives -- athletes, class officers and such.

It's called "personal responsibility." Too bad so many parents fail to instill that in their kids.

you are forced to go to school, not to work in a corporation, big difference

[Monkeybone]

you are forced to go to school, not to work in a corporation, big difference

so since your forced to do something, it's ok not to have reactions for your action?

[Yurt]

so since your forced to do something, it's ok not to have reactions for your action?

the laws governing what a corp can do and what a school can do are not the same. for instance, a corporation is a private actor, not a state actor like a school administrator. if an employee wants to mouth off about work, gets caught or better yet, decides to simply quit, fine. a student cannot simply quit that school, as such, the administrators have a greater degree of authority over her personel freedom that would not exist in a corporation.

[Monkeybone]

the laws governing what a corp can do and what a school can do are not the same. for instance, a corporation is a private actor, not a state actor like a school administrator. if an employee wants to mouth off about work, gets caught or better yet, decides to simply quit, fine. a student cannot simply quit that school, as such, the administrators have a greater degree of authority over her personel freedom that would not exist in a corporation.

but they aren't making her quit, or limiting her education in anyway. just not letting her sit on the student gov body.