Posted on 01/28/2006 6:04:00 PM PST by NormsRevenge
PITTSBURGH - A high school senior who was transferred to an alternative school as punishment for parodying his principal on the Internet is suing the district, arguing it violated his freedom of speech.
Justin Layshock had used his grandmother's computer and the Web site MySpace.com to create a phony profile under the principal's name and photo.
The site asks questions, and Justin filled in answers peppered with vulgarities, fat jokes and, to the question "what did you do on your last birthday?" the response: "too drunk to remember," according to the lawsuit filed on Justin's behalf by the American Civil Liberties Union.
School officials weren't amused. They questioned the teenager about the site on Dec. 21, and he apologized to the principal, the ACLU said.
Then, on Jan. 6, the district suspended Justin for 10 days and transferred him to an alternative program typically reserved for students with behavior or attendance problems, according to the lawsuit. He also was banned from school events, including tutoring and graduation ceremonies.
"The school's punishment affects his education," said Witold Walczak, Pennsylvania Legal Director of the ACLU. "In this critical last semester, Justin's opportunities to gain admission to college may be irreparably damaged."
According to the lawsuit, Pennsylvania State University notified Justin that his application had been put on "a registration hold" and asked for more information about the suspension. "It is unknown how or why the university had received this information, since it is supposed to be confidential under federal-student-privacy laws," the lawsuit says.
Officials with the Hermitage School District declined to comment.
The lawsuit, filed in U.S. District Court in Pittsburgh, seeks Justin's immediate reinstatement to his regular school. A hearing for a temporary order is set for Monday.
"Not to excuse it, but school officials need to understand that they're not parents," Walczak said. "School officials can't reach into parents' homes and tell them how to raise their kids."
"Smart" with NO common sense.
They should have seen Stunt Night at medical school!
Myspace is for kids. The folks that go there are kids and their friends. I couldn't find a cache of what was posted, so I can't say it was a real parody, since the principal's name might have been there. That is the only legal problem. However, the location and content tell all. There's no defamation here. It's clearly false and fits in with the juvenile character of the site itself.
I did some checking. The principle is not fat, so the kid's not a bully. The kid also was respectful and apologized to the principle. In return the principal put him in miscreant school, cut off his school activities, banned him from graduation and fkd up his college entry. The principal however is a vengeful, spiteful, egotistical prick. His romper room fellows are just like him. He's a newbie too, a newbie playing big shot.
I'm not hard to find. Knock yourself out.
Me. I really liked my principal. He backed me up several times when my razor-like wit tore into a teacher.
The assistant principal though...
The kid gave a sincere apology and got shafted by the egotistical newbie bigshot.
In Hermitage, this would be considered a terrible infraction. We have friends who live there so we've visited several times. The teens say "yes ma'am, no ma'am" when spoken to and hold doors for old bats like me at the mall. This wouldn't be taken lightly.
It sounds like this kid would be the same. I have a lot of experience with kids. I doubt very much that the other kids are very different than this one, in terms of the interactions between themselves. This display was between kids. Myspace isn't really a place adults congregate. Someone tattled and Harper Valley overreacted.
I'm not so sure many of the kids would have approved of it. It's like nowhere I've visited before. I live in NY state (yuck!) but I'm from Ohio. Hermitage is where people really would like to live. Where my friends live is a 2 block long cul-de-sac (in the shape of a "P") and twice a year they have neighborhood parties, block parties, and everyone comes. All the kids play hide and seek and only one person won't let them hide in his yard. The teens like hanging with adults. It's very different. It's like when I was a kid.
I was about as well behaved as they get. Yes I was one of those who said yes Sir and no Sir. I also liked nearly all my teachers and principals. I could easily see myself or my friends doing this if we had, had computers.
Of course we wouldn't have really meant it for the most part, just kidding around as kids will do.
"The principal acts like he needs a tube of Preparation H."
From the meanness of the reaction, transfer followed by screwing up the kid's college prospects, this doesn't sound like the reaction of a male, or at least not a straight male. Net, a female or a fag.
I was trying to be subtle or maybe just polite, the principal is a NEA assh*le.
'"Smart" with NO common sense."'
In ref to the School Administration, I agree.
It is my sincere pleasure to welcome to Hickory High School all new and returning students.
I would like to welcome community members and parents to visit our beautiful school. I am extremely proud of the facilities that we have, but more so of the exceptional students that make Hickory High School second to none.
The education, safety, and welfare of our students continues to be the primary focus of importance for all Hickory High School personnel. It is the goal of the Hickory High School staff to work collaboratively with parents to provide their children, our students, with an exceptional environment through a continuing program of academic excellence.
It is my desire to work closely with all parents to make their child's "Hickory Experience" one to enjoy, to remember, and to cherish for many years.
If you have any questions or concerns about your child's education, please feel free to call me directly. Open communication will eliminate misunderstanding and provide for a stronger home-school relationship.
Sincerely,
Eric W. Trosch
Head Principal
I've been to all kinds of places. High places, low places, nice places, bad places. I know both the kids and the adults. The adults could/would never dream of what their kids were up to amongst their own.
"All the kids play hide and seek"
I miss those days days. Now I get to do it with my grandson.
The juvenile delinquent created a phony profile. It doesn't say that he indicated it was a parody in the profile. I hope the principal countersues and that a person's reputation is given due consideration. Freedom of speech isn't unlimited, and pretending to be someone else is fraud.
That's all that was going on here. The principal is a real jerk. Myspace.com indeed. Some kid tattles and the guy makes a federal case out of it. The newbie's probably trying to score points too, as a disciplinarian.
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