Posted on 02/21/2008 10:22:40 AM PST by DFG
FEBRUARY 21--The parents of an Ohio boy who was expelled this month for creating a phony MySpace profile that described his middle school's principal as a child molester have filed a federal lawsuit claiming that the 13-year-old's free speech rights have been violated by education officials. Toader and Marianna Osan claim that their son (who is identified only by his initials in U.S. District Court filings) was improperly booted from the eighth grade at Hillside Middle School in Parma after educators learned of the boy's creation of a MySpace page for principal Jeff Cook.
(Excerpt) Read more at thesmokinggun.com ...
Do they not understand slander and libel?
Homelessness is in THEIR future after the principal cleans them out for their kid’s slander.
what the hell kind of name is “toader”?
We all lost our free speech rights a long time ago. That ship has sailed. Now, the point is that this boy has no class and has slandered someone on a public forum. And he got punished for it. Too bad. So sad. I'm ready to move on.
Neither of which is cover by free speech rights.
I hope the principal sues the boy right back.
Maybe this one is the grandparent's fault.
As a publik scewl teechur, I would love to see the principal sue like crazy!
I remember a time not too long ago when boys were allowed minor mischief. When cursing, or insulting teachers, was punished by washing ones mouth out with soap, or a spanking, and not being expelled nor sued for slander.
Yup.
And a suit for libel (I think the internet is more akin to print media, so libel, rather than slander, is the correct legal category), beginning with a petition for a cease-and-desist court order, would have been the correct way to proceed.
Expelling or suspending the student from school for out of school activities is a naked abuse of state power.
If a crime is committed outside of school, it’s a matter for the police and the criminal courts. If a tort is committed outside of school, it’s a matter for the victim’s lawyers and the civil courts. In either case, the school has no business expelling the student.
Even for harassment? Because the school is calling it that, and I think they are dead on. If a coworker harasses you out of work, you can make things pretty tough for him at work. Especially if you file a restraining order.
Well they have tied educators hands, they are not allowed to give soap or a spank....so what options do they have??
Whichever one it is, I hope the principal strips the family down to their shorts and puts them out on the corner shaking a dixie cup.
In this day and age, to publically call out your school principal as a child molester is more than minor mischief. Post that he's an a$$hole, don't accuse him of a crime.
“so what options do they have??”
I think the parents need to take action and give the kid a licking......a Toader licking!
Militant
Proper Response:
Principal sues student for slander, which he would win as long as the statements are not true. Student loses, but has due process, and constitution is followed.
Improper Response:
Principal uses authority as minor government official to arbitrarily punish student for his speech. Acting as judge, jury, and punisher. No due process and constitution not followed.
Additional Improper Response:
Citizens reading about the situation hear what student did and are so incensed at his actions that they side with the government official in his arbitrary actions rather than putting aside the facts and emotions of the specific case and sticking with dispassionate adherence to the Constitution.
The principal would probably be well within his rights to sue for slander/libel as a private citizen... but he should not be using the school discipline system to punish the kid for something presumably done on his own time.
This is not a free speech issue. Its a violation of MySpace rules to create a false profile.
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