Teen Appeals Free Speech Punishment

[MJS]

This is a case that took place at a school here in CT. Aparently the female in question posted a comment on her blog, regarding the schools decision to cancel a school event. The case is now in the courts.

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.

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Your thoughts on this?

 

[cstanley]

Government schools are properly on the defensive and will only become more obnoxious and thin-skinned. If the statements were truly libelous, then maybe there is a case. If not, then it is probably free speech. Should be interesting to watch.

PS Libel is often hard to make stick.

 

[Drac]

She was expressing an opinion, she did not threaten anyones life..I can't see the problem with it...

 

[Empty Hands]

This is another in a long line of attempts by the schools in particular, and even businesses more broadly to regulate "off hours" behavior. Schools are particularly bad, and many students have been disciplined by the school for things done off-campus or comments made in blogs or other non-school media. The school also controls the lives of those who work there, with "morality clauses" common in the contracts of the teachers.

More broadly, some businesses have been going in this direction. People are being disciplined or fired for "making the company look bad" when the comments were made off hours and had no association with the company. One company I remember reading about was trying to fire all smoker employees who didn't quit after a certain amount of time.

Needless to say, it's all bullcrap as far as I'm concerned, and unamerican to boot.

 

[CuongNhuka]

She should be glad she doesn't go to my school! We have to read our code of conduct (well, about 25% anyways) and then sign a card that says 'I read and understand this'. Here's the fun part, in fine print it says you also wave your Constitutional rights. Which means, no free speech, no freedom of assembly, no freedom of the presses, and so on. Now, you're probably thinking to yourself 'self, this was posted outside of school, why would she still be effected?' Well, here's the reason, my school district says it's reach is as far as it wants. You could be on Pluto, and still get in trouble.

Welcome to 1984!!!!

 

[RandomPhantom700]

In 1969, the Supreme Court said schools could ban expression if they can show that not doing so would interfere with schoolwork or discipline. In a later ruling, it allowed officials to bar "vulgar and lewd" speech if it would undermine the school's educational mission. But both cases involved events that occurred on school property or during a school activity.

There is no justification for the school's actions here, even under this interference doctrine. Her posts on an internet blog didn't interfere with schoolwork or disciplinary methods at all, unless the school's ready to argue that free thought somehow interferes with such. She's being punished for speaking out, plain and simple. The fact that this is being argued in court--and endorsed by the lower court judge for crying out loud--just shows how far America's fallen.

 

[tellner]

"Even businesses"?

Businesses have taken the lead in punishing people for what they do outside of working hours.

 

[Makalakumu]

Bussiness has been shaping school ever since J.P. Morgan began funding the major educational foundations.