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ADVICE | IN THE NEWS

43 Comments | Add Yours

Judge rules school violated girl's civil rights by punishing her for a FB post

 

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Earlier this year, The Next Web Reports, a 12-year-old girl from Minnesota posted a not-so-nice comment on her Facebook page—she said she hated a hall monitor who had been mean to her. Her school decided this constituted bullying and she was put into detention and forced to apologize. When she retaliated by cursing out whoever had told the school about her comments—again, on Facebook—her school’s administrations gave her an in-school suspension.  

 

Later, the school demanded she hand over the passwords to both her Facebook account and her private email account. Why? Because a male classmate’s mother complained to the school that her son and the girl had been talking about sex.

 

What did the girl do? She sued.

 

At the beginning of this month, a U.S. district judge ruled that the school had violated the First Amendment (protecting free speech) and the Fourth Amendment (protecting against unreasonable search and seizure, or privacy). The judge declared that punishment for things said on social networks violates free speech unless what is said poses a safety risk or creates a substantial disruption of the school environment. Further, the judge decided that private emails and Facebook messages, like letters, are just that—private—and cannot be searched without reason, or without an attempt to minimize the intrusion.

 

While the court is still looking into the veracity of the girl’s claims, if her side of the story checks out, the school will probably end of paying her a settlement. Regardless, the judge’s ruling stands: punishing students for posts on social networks and requiring a student to supply social media and email passwords and then searching their accounts is a civil rights violation.

 

What do you think of this case, babe? Does calling someone “mean” count as bullying? Do you think your school should be able to decide what’s OK and what’s not OK for students to post on social networks?
 
 

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BY BRITTANY TAYLOR ON 9/17/2012 4:13:00 PM

POSTED IN In the News, social media,

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Ya know what? The school is acting ridiculous! I understand that she shouldn't have posted that on facebook, and it IS cyberbullying. To confront her is okay. But you know what? You should see what most high schoolers write on facebook. Frankly, the school shouldn't be snooping her FB anyways, I mean talk about stalker-ish! The mom of the boy is C-R-A-Z-Y to talk to the school. If you really think it's a problem, talk to the girls' parents', not the school! And also, your email is private, giving them your password is just crazy. She's a 12 year old girl for gosh's sake, what do you think she talks about with her girlfriends? Or what about a private email to mom? No, you can't see that, school, it's none of ur business!!!!

report

by WinnieGirlie on 9/17/2012 8:21:55 PM

 
 

Okay, let's all talk about this like civilized people. It wasn't right for this girl to be hating on people publicly, and if she's cussing someone out she obviously has done it before (you don't go from an innocent 12 year old to a trolling, cussing young girl). However, it IS a violation of rights, and talking about sex? In middle school? Middle schoolers are GOING to talk about sex, whether it's a rumor of a older kid or a joke, it's going to happen everywhere. Both sides are doing wrong, and maybe hopefully the 12 year old can get rid of the sailor mouth and learn her lesson, along with the school's administrators.

report

by kenzi143 on 9/17/2012 8:20:51 PM

 
 

I don't think something should be counted as bullying if the person is not offending or hurting that other person's feelings in any way intentionally. Calling someone mean should never be counted as bullying is the person has a good reason to call them that. Bullying is the intentional act of etiher physically or emotionally hurting someone again and again and that is not it.

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by girly_girl123 on 9/17/2012 7:59:22 PM

 
 

That school is highly disrespectful. That girl was smart. The school had no right to ask for her Facebook passwords. She could go to another school for all they cared and they still would hunt her down. They cannot ask for private information because it is a basic Internet safety rule. The staff or students could find it and start putting up mean Facebook post. Who would they blame? The girl, of course. I hope she wins the case. I know what she said was kind of disrespectful but it was not bullying. Maybe the hall monitor was bullying her. We may never know now.

report

by transform2314 on 9/17/2012 7:58:06 PM

 
 

I think this case could have and should have been avoided; since bullying has become such a huge issue, schools have been trying to eliminate bullying, but they are overreacting to what does and does not constitute as bullying. Calling someone "mean" does not count as bullying. I think my school should be able to decide what's OK and what's not OK for students to post on social networks.

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by otter77 on 9/17/2012 7:35:18 PM

 
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