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

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?

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

The girl shouldn't have posted these things don't get me wrong. It was rude, disrespectful, and immature of her. This doesn't mean the school should be ripping her privilege of privacy and freedom of speech. Everyone has a right to speak their mind, respectful or not, and this girl shouldn't be deprived of this. A detention or even a suspension is understandable and I agree she should get the punishment if she cursed at at a kid online which is cyber-bullying. Taking this girl's Facebook username and password, and her private email is overboard. This girl's male classmate's mom could have lied or mixed her up with a different. Anyway she has a right to talk about whatever she wants. This isn't the school's concern. If anything it should be between her and her parents. I don't officially agree with suing the school, even thought what they did was wrong, but this girl's privacy was completely invaded and that is completely unnecessary. I feel bad for this girl who had to go through this.

Okay, this girl sounds like a git, but really? Why are they on a 12-year-old girl's facebook?

by iluvmusic♥ on 9/17/2012 5:31:57 PM

this is just dumb.yeah it was mean to say the hall moniter was mean. but even if it was on facebook they should have just said that she shouldnt say it on facebook and just give her iss. not try to take her private info. if her and the boy where talking about nasties they should have taken it between the parents.the school shouldnt be involved with the stuff kids do on e mail

by bking62 on 9/17/2012 5:28:24 PM

She shouldn't have posted those mean messages, but I think the school took it a step too far

by myfatsquirrel on 9/17/2012 5:27:53 PM

by BabyDahl13 on 9/17/2012 4:49:21 PM

this is sooo stupid since when did the school start controlling what kids say out side of school. if it was a school laptop then MAYBE i could see the schools side but i think its totally out of line that they asked her for her facebook and private email

by luve2cheer on 9/17/2012 4:47:32 PM

Lauren R.

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

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