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."
I'm pretty sure it is criminal (local or state) to publish personal details without written permission, to defame, to slander and to mock.
Criminal vs. Civil matters to teachers because teachers don't get paid a whole lot, and the victim does not have to pay lawyers up front if it is a criminal case.
I think you need to lighten up. The kid got suspended and he earned that. But the principal wasn't satisfied with suspending the kid and he ended up doing alot more to the kid that was simply out of line.
The article mentions the site as a "parody"...now, how about if this kid had a photo of the principal on his bedroom wall full of darts, and another student saw it and ratted him out to the school administration?..does this warrent punishment as well?...the fact remains this was not done in a school paper nor a school website, and frankly is none of the schools business, if the principal does'nt like it he can sue for slander.......good luck.
School officials are not parents? School officials cannot tell parents how to raise their kids? This is coming from a leftist liberal group?? Has not the left pounded into our heads over the last 3 or 4 decades that the school is there to replace parents and that they know best? What has happened to the ACLU? And more importantly, why is this not the focus of the thread.The ACLU's actually performing their ostensible mission here: defending individuals against government abuses.
My question would be what conservatives are doing defending a "village" mentality that gives the schools control over what kids do at home.
-Eric
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.Ted Kennedy
-Eric
what if the kid, instead, took an ad out in the newspaper and stated the guy was a drug addict or wife abuser?
"The ACLU's actually performing their ostensible mission here: defending individuals against government abuses."
That is why I am so shocked. Usually the ACLU is on the side of the school against the parent and fighting to allow the school to become the parent. Now this branch is fighting against that.
It does make me wonder about why they (conservatives) are defending the "it takes a village" concept. Politics does weird things to people.
Not what happened. I just saw a movie called "The Chorus". The teacher leaves the room for a few minutes to return to a caricature of him on the chalk board and the student that did it still drawing.
He proceeds to draw a caricature of said student to the laughter of the whole class.
The cure for offensive speech is more speech.
Please refer to post # 84
Yes, if he's foolish enough to sue for slander--his frivolous remedy, at least he'll have a shot at Larry King like Falwell did when he sued for a parody of his family (and lost, I think at the Supreme Court level no less).
A public figure like Falwell poses a more difficult target to prove a slander or libel charge against. Actual malice has to be proven. The principal was not such, or at least I don't see anyone claiming that he was. But the principal should have sued, rather than abusing the school administrative process which was not intended to avenge personal grudges.
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