Free Speech Freedom of Information

Federal Judge Rules Facebook Rant is Free Speech

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I’m still doing light posting, but here’s a story from the Miami Herald that merits attention.

It is about a free speech case involving a student who said some angry things on Facebook about her teacher, and was punished by the school principle as a consequence.

Here’s how it opens:

A student who set up a Facebook page to complain about her teacher –– and was later suspended — had every right to do so under the First Amendment, a federal magistrate has ruled.

The ruling not only allows Katherine “Katie” Evans’ suit against the principal to move forward, it could set a precedent in cases involving speech and social networking on the Internet, experts say.

The courts are in the early stages of exploring the limits of free speech within social networking, said Howard Simon, the executive director of the Florida ACLU, which filed the suit on Evans’ behalf.

“It’s one of the main things that we wanted to establish in this case, that the First Amendment has a life in the social networking technology as it applies to the Internet and other forms of communication,” Simon said.

In 2007, Evans, then a senior at Pembroke Pines Charter High School, created a Facebook page where she vented about “the worst teacher I’ve ever met.”

But instead of other students expressing their dislike of the teacher, most defended the teacher and attacked Evans.

A couple days later, Evans took the page down.

But after Principal Peter Bayer found out about it, he bumped Evan from her Advanced Placement classes, putting her in classes with less prestige, and suspended her for three days.

There’s more. So read it here.

And here’s an MSNBC story about other incidents in which student speech is challenged, even outside school.

15 Comments

  • You would think that educators would have learned somethng about the unconstitutionality of punishing critical speech from their lessons on the Alien and Sedition Acts.

    Example:

    While the Alien and Sedition Laws were in force, John Adams, en route from Philadelphia, Pennsylvania, to Quincy, Massachusetts, stopped in Newark, New Jersey, where he was greeted by a crowd and by a committee that saluted him by firing a cannon. A bystander said, “There goes the President and they are firing at his ass.” Luther Baldwin was indicted for replying that he did not care “if they fired through his ass.” He was convicted in the federal court for speaking “sedicious words tending to defame the President and Government of the United States” and fined, assessed court costs and expenses, and committed to jail until the fine and fees were paid.

    But, our government schools aren’t very keen these days on teaching about our nation’s founding and freedoms established in the Constitution.

  • Ms. Evans should win the case easily. It appears to be a slam dunk. I find it amazing that a high school principal would take punitive action against Ms. Evans for exercising her rights. Does this school have an anti-bullying policy? Does this school advocate tolerance and ant-discrimination? I’m fairly sure it does, as do 95% of public schools currently. The principal’s actions violate these policies.
    He bullied Ms. Evans by using his position to drop her from AP classes. He punished her for something she said. He discriminated against her because he didn’t like something she said. The principal should be fired.

  • Of course, if this were a private school, the school would have been entirely within its rights to suspend the girl for criticizing a teacher on Facebook. Or expel her. Or whatever they want. “Free speech” doesn’t exist in a private school.

  • Given that her statement was totally non-threatening, it seems like the principal was pretty obviously in the wrong – morally as well as legally. Besides, if we start suspending every student who says something bad about a teacher we will have some very empty schools.

  • Whoa, that’s… stalkerish and creepy. Someone actually made (and maintains!) a website obsessing about “Rob Thomas”. A few of you folks need to get off the internet, or get some counseling. That’s unhealthy.

  • Well, Scott, you wouldn’t expect free speech to exist in a school run by bible thumping freaks.

    Careful now. You’re going down a slippery slope labeling someone a freak because of their religion.

  • Are you talking to yourself? The only reference to religion and “freaks” was in your own comment. You’re not making any sense, “common sense”.

  • Funny blog, Common Sense. What do they say? Flattery is the best form of imitation? Or, is it the other way around? Anyhow, I always drop into Scripto’s world for a laugh. I always felt comedy was your guys’ true talent. Making convincing political arguments sure as hell isn’t it.

  • Excuse me, I guess it was Concnita who linked to that blog, not Common Sense. My bad. Oh, whatever. Like they’re different people…

  • Scott, actually I think their blog is healthy. It’s an outlet for them to cope with their inability to intimidate me or chase me away from a blog. They have another one for a guy who goes by Don Quixote. We were sort of the two resident liberals at Tony Rafael’s blog, but…they insist it isn’t about politics. OK…lol. I’ll be honest, I kind of worry about what their next move is, considering the fact that at least one of them is probably law enforcement with access to sensitive information. Joe Mailander threatened to go right to the police when they kept vandalizing his blog, and they didn’t so much as budge. Whoever they are they’re not threatened by the police, at the very least. So, I’m glad they have the blog. It’s like a spare tire for them to play with. My spare tire to play with, of course, is them.

  • Scott,
    I stand corrected. How silly of me to connect the words “bible thumping freaks” with religious people.

  • Santiago, Hiroshi, Dr. Forrester, Mrs. Salazar, AnonyMousa and the other different people are waiting for a post about the greatest police chief of all time Daryl Gates, who is battling cancer.

    R.T. and D.Q. are supporters of the innovative policing techniques developed by Mr. Gates, such as the black man choke hold, the Rodney King batton submission technique, ghetto profiling and of course the mini-tank battering ram.

    Oops, I’m not Santiago.

  • I just now looked at the comments for the first time in a couple of days.

    And I have deleted a number of comments that were either over-the-top personal attacks or linked to other blogs that creepily attacked commenters here, or that dismissed an entire class of people as freaks.

    There were a lot more that likely merited deletion, but I am hoping that this will be enough to make the point. If you got your comment deleted, do not feel that you were alone. You were not.

    The comments that are gone deserve to be gone.

    If there is any problem, it is likely that I haven’t gone far enough.

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