Students suspended, expelled over Facebook posts

By | March 4, 2011, 2:33pm PST

Summary: Three students in the seventh grade have found themselves either suspended or expelled after posting inappropriate comments about their teacher on Facebook.

Two students have been suspended, and one student has been expelled, over negative Facebook postings they made about a teacher. The individuals are in seventh grade at Chapel Hill Middle School, meaning they are either 12 or 13 years old, according to My Fox Atlanta. The children are accused of violating a portion of the school code that is a “level one” offense, the worst possible: “Falsifying, misrepresenting, omitting, or erroneously reporting” allegations of inappropriate behavior by a school employee toward a student, according to AJC.

Alejandra Sosa, an honor roll student, said she regretted posting a Facebook status calling her teacher a pedophile. She has been suspended for 10 days. “I was just expressing myself on Facebook, because like I said I was mad that day because of what he [did],” Sosa said in a statement. “So, I mean I had no intentions of ruining his reputation.”

Sosa is currently drafting an apology to her teacher. At the same time though, she said her school principal, Jolene Morris, violated her privacy by ordering her to log into her Facebook account at a school library computer. Morris then reportedly read the offending post and ensuing responses from friends before ordering Sosa to delete the posts. As many as 15 children made two dozen posts about the teacher in the Facebook conversation, but their penalties were not as severe (for example, a one-day suspension from school).

William Lambert, also an honor roll student, had the same feelings as Sosa after he was reprimanded for calling the same teacher a rapist. He has also been suspended. “I shouldn’t have done it,” Lambert said in a statement. “Because I could have still been at school, like right now, if I never had commented on the post.”

Taylor Tindle was expelled for posting that the same teacher is bipolar. The student’s mother asked not to be identified but said she believed the school’s punishment did not fit the crime and pointed out that her child did not even get a chance to apologize before getting kicked out.

At least two of the students’ families plan to hire attorneys. Douglas County School officials said the three students violated the disciplinary code but that they could not comment because the parents plan to fight the disciplinary charges in a school tribunal on March 10, 2011. The students could face even harsher penalties, including expulsion and banishment to a school for children with behavior problems.

The case will be very important in deciding what falls under free speech and what the school can discipline students for. We’ll definitely be hearing more about this one as Facebook and other social networks continue to grow in popularity.

While I do agree that what these students said was wrong, I don’t believe they should be punished for what they did. They need to be disciplined, sure, but the school should not have a right to get involved. This is a very fine line we’re talking about.

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Emil Protalinski has covered the tech industry for five years for multiple publications.

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Emil Protalinski

Emil has nothing to disclose.

Biography

Emil Protalinski

Emil Protalinski has covered the tech industry for five years for multiple publications, including Neowin for two years and Ars Technica for three years. He has written 1,000s of articles for both, with a particular focus on scrutinizing Microsoft products and services. Recently, Emil has expanded his coverage to non-Microsoft technologies, including the social networking giant Facebook.

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RE: Students suspended, expelled over Facebook posts
GoodwinAIManson 8th Feb
Why are people making comments that "the school should not have got involved"? The school was automatically involved. The nexus between the students and the staff member was the school. The school had a positive duty to protect a staff member from these false and very harmful public allegations.
I don't think they should have been suspended or expelled.

However, I think the teacher in question should have sued them and their families for defamation of character and gross false claims.

The school should not have involvement in the punishment as the incident did not happen on school computers or on school grounds.
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If not the school, who?
becabill 4th Mar 2011
@Geuseppi These kids need to be shown the error of their ways, not only in breaking the school's rules, but to teach them the responsibilities involved in gossip, rumor and slander.
Yes, they are just kids, but they have to learn somewhere and apparently the parents aren't doing the job.
@becabill That's why the teacher should sue them back in to the stone ages.

Then their parents will nail em to the wall for it.

But the school should not be involved in something that does not happen on their grounds.
@becabill: she should have been expelled.
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RE: Students suspended, expelled over Facebook posts
topgun966 Updated - 6th Mar 2011
@becabill Jesus christ are you guys serious? Did the 1st amendment get thrown out when i wasn't look or something? What the hell happened to our right to free speech. These kids as well as you or I have our right to speak our minds. A school should be teaching that, not expelling kids for exercising it. Its not like she blasted it to the world, it was on their PRIVATE facebooks. So whats next? When someone writes something in their private journals are we going to arrest them? My god what is this country coming to. I served in the Army for 8 years to protect citizens basic rights. I feel like it was completely in vain and I wasted my time and my leg when it was shot in Iraq.
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@topgun966
"Private Facebook" is a contradiction in terms. Children need to be taught that. They also need to be taught that slandering someone ? even in private ? is a serious offense.

The cases of these students were handled poorly in several ways (mostly the school overreaching their authority), but discipline of some kind was definitely called for.
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@becabill I believe it WAS in their private facebook.. The principal forced her to log into her private account and show the facebook posts. These were in a private forum on facebook, they didn't have the accounts set to be open to the public. That is definitely a fine line to walk. Caution should be exercised when limiting free speech, no matter how vile the posts were.
topgun966 --

First, thank you for your military service.

Second, I disagree that these students have the right to say anything they want, free of consequence, regardless of whether the venue is Facebook, school hallways, or the mall.

Slander and/or defamation of character have legal ramifications for adults ... holding people accountable for false and damaging statements is NOT a violation of anyone's First Amendment rights.

To let these kids off with a slap on the wrist -- after making the ugliest and most devastating accusations anyone could level against anyone, let alone a teacher -- would effectively condone such behavior.

We can debate whether or not expulsion was an appropriate punishment, especially if the kids involved caused no prior trouble, but they most certainly needed to learn that their words have meaning and consequences.
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Free Speech
brister@... 7th Mar 2011
@becabill There is no such thing as completely free speech (see: fire in a crowded theatre). Slander and defamation are just two examples of non-free speech (correctly, IMNSHO)
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A right to defamatory speech
Mr. Copro Encephalic to You 7th Mar 2011
@brister

Just a quick clarification. Unlike yelling "fire", one does have a right to engage in defamatory speech or Facebook postings without the risk of government intervention or criminal action. However, it may very well give rise to civil action. I'm not sure that the school's actions will stand up in court, and don't know if they should. The school was likely acting as an agent of the government and therefore may have inappropriately overstepped its bounds.

However, absent evidence that the teacher was in fact a pedophile or a rapist, it appears obvious that there is plenty of room for civil action. Merely spreading a rumor among friends "in private" does not shield one from defamation liability in most states, particularly if it is not a few people who do not interact or know the teacher, but, as is often the case on Facebook, dozens or hundreds of people within the teachers workplace and community. It would seem patently obvious that, even if the child did not realize the gravity at the time, he/she was trying to inflict damage on the teacher, and likely succeeded.

That being said, I'm not sure financially ruining a family over this is wise. The children should help mitigate the damage they have caused, and should be "punished" in a reasonable manner, but it is unlikely that the damage to the teacher at this stage is irreparable, and they should all live and learn from it.
@topgun966 Falsely accusing someone of a crime isn't free speech.
@becabill ... Well, in reality the school WAS irrevocably involved because the libel was against one of its employees, all of whom are a reflection on the school. They might have been smart kids in school but they were very, very ignorant of facts of life; they all should have not only known better but should have realized there would be consequences. Where are their guardians? Never mind, I suspect I know the answer to that last question so it's fully rhetorical.
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@Geuseppi
Lawyers make every argument adversarial. This is unethical and divides people whereas they should learn to live better with each other.

Children often talk in terms like this about teachers, it's normal. What isn't normal is for the teacher to overhear it (or, if they do, they have the nous to develop bad hearing). This is the same for management in an organization. The only thing here is that the kids didn't figure any adults would intrude on their personal conversation.

The school and the teachers have been ill advised here, someone could have quitely taken the kids to one side, explained the public nature of the chat, and helped them make it hidden or deleted. (enforce privacy).

This whole case is ridiculous. Kids are kids, they don't always know how to behave, they make mistakes. The adults in the situation were clearly not mature enough in their response. Adversarial relationship no, should very rarely have anything to do with school/kids.
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@stevey_d "someone could have quitely taken the kids to one side, explained the public nature of the chat, and helped them make it hidden or deleted. (enforce privacy)."

How dense are you to not realize the unboundingly destructive nature of the accusation of pedophilia, and the lasting impact it will have on his reputation?
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@Media *****:
media ***** - your ad hominem attack on my intelligence = hypocrisy

And the other bit of hypocrisy is your tag "Media *****".
Kids talk about "fraping" when a friend hacks their facebook. The article didn't report the use of the word paedophile it said "rapist". As frapist is common terminology amongst kids, rapist isn't particularly bad. But then people like you are publicly using indecent terminology all the time, what the hell are the kids supposed to do?
You are demonstrably by your own posts a hypocrite.
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@stevey_d: I agree with you that Kids are Kids and that the reaction seems exaggerated. However, I think the reason the reaction is so string, is that the teachers' lives can be ruined just by such accusations alone. What kids say to each other is one thing, but what they put in writing is something that can be used against the teacher and therefore has to be dealt with with the same harshness and seriousness.

I think the solution lies in reasonableness on all sides, but until that is really the case, you have to be strict about untrue accusations of that nature.
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RE: Students suspended, expelled over Facebook posts
davidsarmstrong Updated - 7th Mar 2011
@stevey_d: I agree with you that Kids are Kids and that the reaction seems exaggerated. However, I think the reason the reaction is so strong, is that the teachers' lives can be ruined just by such accusations alone. What kids say to each other is one thing, but what they put in writing is something that can be used against the teacher and therefore has to be dealt with with the same harshness and seriousness.

I think the solution lies in reasonableness on all sides, but until that is really the case, you have to be strict about untrue accusations of that nature.
@stevey_d

sorry man, you dont accuse a teacher of being a pedophile, unless it is to the police with proof. Teachers have it hard enough as it is, no he will have something like this hanging over his head. I agree with an above poster, he should sue the family of the girl who initially posted about him being a pedophile. Maybe not go for millions of dollars, but to show her and other students who may think of doing something like this about another teacher what their actions can cause. It might make them think twice about slandering a person just because they did something they didnt like.

And for anyone thinking that no harm was done. Now, whenever anyone googles anything about this, and the teachers name WILL come out, his name and pedophile will be linked forever.
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It was an obvious campaign to destroy.
Lester Young 10th Mar 2011
@stevey_d

Rumor campaigns have serious consequences, and those who make irresponsible accusations need to be held accountable. This situation could well have led to the teacher being investigated because of malicious and unsubstantiated rumors. The punishment of the students is appropriate to the gravity of their acts.
@Geuseppi and the article

Oh, and just because the teacher and administration say these allegations are just "gross defamation of character" that means it isn't true? I have news for you, quite often these things are really true (i.e. the teacher actually sexually assaulted a student) but no one will believe the kids.

They should not have gotten punished, because it might be true and none of the kids are brave enough to actually bring up charges, as they know crap like this would happen. And yes, i've seen this happen from personal experience when I was in school.
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@mordocai This is exactly why it can be so destructive for them to say what they did. What if it wasn't true? Which seems to be the way it actually is. None of them are saying what they said on Facebook was true, they are complaining about the punishment. But here you are saying exactly what a lot of parents and others are thinking and this teacher's career and life could be completely and utterly destroyed by it. How are you supposed punish a kid for that exactly? Are you saying we shouldn't punish someone for utterly destroying someone's life?
@mordocai
and yet she admitted it wasnt true. She just said it because she was mad at something that he did. So now it will live in google forever. when his name comes out, and it will, if you search his name and pedophile, you will get results.
mordocai --

Let me follow your [il]logic further...

Imagine I knew you personally, and didn't like you. Would that give me the right to state in a public or semi-public forum (which Facebook is, depending on one's privacy settings) that you're a serial killer, a pedophile, a rapist, an animal torturer, a terrorist -- or (less extreme, but still damaging), a tax cheat, an adulterer? Would I have the right to do that, without proof, simply because "hey, who knows, it might be true"? According to you, I would have that right. To you, apparently, people are guilty until proven innocent.

Thankfully the courts disagree. People have the legal right to defend against unfounded attacks on their character. These kids attacked this teacher, without proof, leveling some of the most damaging accusations anyone can use against another person ... statements that would get them sued if they were adults.

Finally, to those who think that the teacher should sue the parents of the students who posted these things, I disagree. Unless you're monitoring your children's online activity every second they're logged in, it could easily be YOU on the receiving end of such a lawsuit. That's neither fair nor appropriate.

Debate whether or not the severity of the punishment fit the crime, but PLEASE don't argue that these kids did nothing worthy of punishment.
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@mordocai

So you would like to add fuel to this fire and say, "Hey, maybe teach is a pedo! We need to investigate this fully!"? Is that what you're saying here? Because if it is, you may just have opened up a little legal can of worms for yourself. If I were you, I'd consult an attorney soon. On another note, perhaps you should just keep your yap shut before you look like an even bigger buffoon than you already do.
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why is it assumed that the students are lying?
Snooki_smoosh_smoosh 7th Mar 2011
@Geuseppi... Perhaps this teacher is exhibiting some weird, potentially dangerous behaviors. I wouldn't just write it off as being gossipy children.

I would trust the word of my children over that of teacher I would barely know. Honestly, our children are with these people every day of the school year, yet we as parents only meet these teachers during conferences.
@Snooki_smoosh_smoosh

you make valid points. The issue here is a bit complicated though. The school has no ghrounds to do anything, simply because the allagations don't reflect the school directly, but the teacher involved. The teacher could press charges of course and an investigation could occur which might bring to light the very points you make. There was a teacher in my middle school when i was going. I am not going to make any claims, but something was off about him. His behavior was odd, to the point that if someone had a forum to post their gripes about him and it was made public, this same thing would have occurred. The issue here is there really are two sides of this story. One student said that she was mad for what the teacher did, well what did he do? I als0o find it odd that multiple students also made claims about this teacher which makes it at least a little more likely something might be going on. at least it deservs an investigation.
@Geuseppi:

I agree, sounds like defamation of character --- which is serious because the person in question is a school teacher.

It's one thing for kids to discuss their peers amoungst each other on the Internet --- whether being serious or joking --- but to discuss an adult that is entrusted with their personal safety and someone they have personal contact with each day and is a city/state employee is career-altering. Law enforcement takes any mention of pedophilia & rape extremely seriously --- even if the "kids" think of saying it for a big laugh. They didn't say the teacher acts like a "di*k" or is an "a$$hole"...they said some serious things.
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I agree that the teacher should sue
sissy sue Updated - 7th Mar 2011
@Geuseppi Since school administrators in this crazy age have a zero-tolerance policy on common sense, an accusation of "pedophile" is just about the worst thing a child can say about a teacher in public. Just a whiff of this word can get a teacher fired with scarcely a hearing and can seriously limit his/her future prospects for a teaching career.

These brats know full well what the consequences can be for this teacher if their words are taken seriously. They are honor students, and so they aren't stupid. A lawsuit would teach them a valuable lesson about shooting their mouths off.

I see your point, topgun966, but "free speech" in this instance is not the issue. We have First Amendment rights to say what we want, but if the "free speech" is inflammatory, the wounded party likewise has a right to sue for libel and defamation of character. That is exactly what I hope this teacher does.
@sissy sue
Teachers don't make a lot of money. Maybe he can't afford it. Or maybe the kids get a fancy lawyer who make the case worse for him. Poor little dears, being picked on like this.

Civil remedies have their place, but they are NOT a panacea.

I think the school over-reacted, and would have done better to drag the parents into school to explain why their children are being so nasty.
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@Geuseppi The students got what they deserved. 400 years ago, we burned people when they screamed "Witch". Pedophile is the same in modern society. To call someone such, without proof is libel and/ or slander. I bet if you look into it further, the teacher probably isn't teaching, anymore. Who can hire them, now there is an air of suspicion. Would you want them teaching your kids?
@Geuseppi

And the parents should sue the principal for invasion of privacy. The principal had no right to ask those students to open their private facbook account. If this had been the police, they would be getting sued for violating 4th amendment rights for an illegal search.
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@Geuseppi

You're kidding, right?

The school was involved the moment the kids went after one of the teachers.
@Geuseppi ... I have to agree with you. Libel and come into play here. However, since the person maligned was a teacher I do think the school should have been involved because it defamed one of their emloyees and thus applied to the school's employees. In fact, the school AND the teacher should have sued the guardians of these minors and if any classes they were taking covered the subject/s at hand, should get a zero in said class, or if that's too tough, their grade minus 50 points, say.
If I were that teacher, I don't think I would have sued, but I'd support the school in every way and refuse to ever accept those students into one of my classes again. He has the basis to enforce such action if the school won't adhere to it.
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What were YOU doing at 12-13 yrs old?
gigglypuff 10th Mar 2011
@Geuseppi - the kids and their families should NOT have been sued for defamation or false claims. Not one student knowingly stepped foot in the principal's office or any kind of public area to make this accusation. This was the new millenium equivalent of me and my friends talking after school on the corner or in our back yard. Did they realize their comments were not completely private? Maybe. Did they consider the consequences of their comments? Doubt it. I never did at 12 yrs old. Should they be expelled or even suspended? ABSOLUTELY NOT!

At best, they should have 2 weeks detention, post an apology on their facebook pages and retract any statement regarding their teacher being a peodophile or rapist. They should apologize personally to the teacher and promise to not make these kinds of false statements in writing or in a public space.

We are really dancing on the slippery slope here. We have to keep in mind several things:
- the age of the students involved and the inherent lack of appreciation of consequences
- the use of social media sites as the equivalent of living room, back yard or playground chatter
- appropriate response to issues in the new digital age
- learning opportunities for these and other kids who are aware of this incident

These are KIDS! They should not continuously pay for a mistake we would ALL have made at their age in this digital age. Teach them why their action is wrong and what it potentially could have cost the teacher and them and their families. Then show them an appropriate alternative for next time (write in a diary, private verbal conversations with their friends, reflect on why they think the teacher was wrong, discuss their feelings on the initial issue with the teacher or with a counselor or the vice principal).

Honestly, I want someone to post here that they would NEVER have made a mistake like this at 12 yrs old. They will either be lying or they were on Prozac or Ritalin. We all had moments at 12 yrs old when our emotions ran high and our filters were not quite up to the task of preventing a stupid comment. Thank god we did not have Facebook back then or we'd all still be paying legal settlements and attorney's fees.

Oh, and the school was ABSOLUTELY violating their privacy and first amendment rights. They did not post on school grounds or on school property.

We'd better figure this stuff out now or we're all in serious trouble.
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This is unbelievable. Perhaps the school should look into the teachers conduct instead? He may not be a criminal, but he/she is certainly a terrible teach to garner such response from students. He/she is competent...how? Terrible teachers are treated terribly by their students. Good teachers garner respect and get results. This one very obviously is able to do neither.

"The views expressed here are mine and do not reflect the official opinion of my employer or the organization through which the Internet was accessed."
@gnesterenko I definitely want this situation to be looked into by appropriate authorities (looks like the lawyers will be salivating as well). You are quite sure about some much from so little information. First, you seem to have been the perfect child and adolescent; you never became angry because someone set limits or even called you on behavior that was inappropriate for the situation. If this happened in the past the adolescent would fume a while and then likely forget the whole thing when something else attracted their attention. What these kids accused the teacher of could easily end with his murder, all without benefit of the legal process being hailed here. There is nothing obvious here except the accusations are dangerously inflammatory and the situation would best be looked into, hopefully by competent individuals who can stand the heat.
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Kids aren't that nice!
becabill 4th Mar 2011
@gnesterenko Why do you assume that the teacher is at fault? Kids will defame their best friend if they get pissed off. A teacher will be accused of anything, especially if the accuser thinks they have anonymity. f they called called down for not doing their homework, talking in class, or anything that might cause them embarrassment. The better students will do the same thing, as they feel they have more to lose. Children do not make good judges.
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get out the torches and pitchforks?
jaqrabbit 6th Mar 2011
@gnesterenko
An angry child calling a teacher a "pedophile" or "rapist" is NOT reasonable grounds to suspect the teacher of wrong-doing. If you really think so, the first step should be to ask the child if they meant it. In the unlikely event they say they did, ask them how they know. If they don't offer any credible evidence, the accusation should be dismissed immediately as childish slander, before it completely ruins the career and life of an innocent person. (Even one who might be a bad teacher.)

Furthermore, it is truly na?ve to think that only a bad teacher would get that treatment from their students. Angry children lash out. Even at people they have no reason to, people whom they love. "I hate you!" from a child is a right of passage that every parent goes through. Teachers - even good teachers - get it too.
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I couldn't agree more.
Snooki_smoosh_smoosh 7th Mar 2011
@gnesterenko... Yes is it possible that these kids were just angry at the teacher, however, it is possible that this teacher is a weirdo, and possibly a borderline sex offender. Of course the kids are backing down, because they are being told they are lying, and are going to get thrown out of school.

This teacher should be on administrative leave while an investigation is conducted.
Snooki_smoosh_smoosh --

By your logic, it's possible that you're a murderer, so let's drag your name through the mud with no evidence or justification. Would that be OK?

Of course not. Unjustly defaming another person's character with the intent to damage them or their reputation removes that speech from First Amendment protection. (Look up the legal definition of slander; I'm certainly paraphrasing here.) Adults have to live within the law; so do children.

These kids needed to learn that words have both power and consequence.
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RE: Students suspended, expelled over Facebook posts
Snooki_smoosh_smoosh 7th Mar 2011
@Churlish... Rape and molestation, especially that of acquaintance rarely leaves physical observable evidence.

If your son of daughter came to you and told you that their teacher is a creep, and that they don't feel safe around them, would you believe your child, or would you be more concerned for the teachers reputation?

As someone who has suffered from sexual abuse, and has known others who have suffered from sexual abuse, I would trust my children.

Honestly, seeing how children are treated at that school, I would pull my children out of that school, and send them elsewhere. Because it would seem that in this case the teachers reputation supersedes the safety of children.
@Snooki_smoosh_smoosh: Because it would seem that in this case the teachers reputation supersedes the safety of children.

Merely they were made. If the claims have merit then you would have a point. Can you demonstrate any validity to them?
@gnesterenko
This remark proves the school's point! Mud sticks. False accusations give rise to baseless suspicions. These can ruin a career instantly.

You do not need to be a bad teacher to get this sort of treatment. You just need to be a teacher who doesn't put up with mucking about in class, who sets work and expects it done on time, who challenges kids with hard questions, who doesn't accept stupid excuses for not working.
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The principle handled the situation wrong. All the students parents should have been called or the Police before any little girl is forced to do anything, including login to Facebook in the School library.
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@netiquette

Hmmm that has me thinking... Was what the principal did considered strong arm assault? Forcing someone to enter a password to gain access to private information? I think the parents should look into suing the damn principal!!
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@Geuseppi Apparently not, since the girl had to log in herself.
@becabill Dude, she was strong armed into entering in her own password. That is against the law.
Geuseppi --

There's plenty of legal precedent for minors not enjoying the same rights as adults. Take that up in court if you disagree with it; the fact remains that courts have long held that children's need for adult supervision and guidance can trump their constitutional rights. (Consider locker searches, schools censoring content in student newspapers, etc.)

Again, you don't have to like it, but the current interpretation of the law is that the school was perfectly justified in doing what it did.
This is very interesting. I don't think that the principal should have entered her facebook account at the library, but the students shouldn't've made those comments.

But, I mean, there are websites for different universities that bash different professors. I know that it's in a different setting, but nobody ever gets punished for that.

And yes, this is a very fine line between freedom of speech and what can dictate how involved the government or another type of institution can be. As for the student getting expelled, that seems quite harsh in my opinion. Ah..the fine line between freedom of speech/libel and slander....
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The fine line is simple.
terry flores 4th Mar 2011
@usha88

If you represent something as your opinion, it is free speech. If you represent something as fact that untruthful and damaging to a person, that is libel or slander.

"I think my teacher is a pig-monster" is an opinion. "My teacher hasn't taken a shower in years" is a representation of fact. If the representation is untrue, the teacher would have grounds for action.

Schools have a responsibility to maintain order, but they can't trample anybody's constitutional rights to do it.
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Why are people making comments that "the school should not have got involved"? The school was automatically involved. The nexus between the students and the staff member was the school. The school had a positive duty to protect a staff member from these false and very harmful public allegations.

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