Posted on 08/14/2015 10:33:43 AM PDT by Responsibility2nd
Is the school overreacting? This fool made an accusation that could ruin the teacher's career.
Face it. Schools are watching all forms of social media and the courts are green-lighting it.
IANAL, but I have heard that the First Amendment does not apply to certain situations involving libel and/or slander.
OTOH, the proper venue for determining whether libel or slander has actually occurred may be the courts, since the tweet may have been tweeted off school property.
Sounds like, POSSIBLY, an honor student being sarcastic (oh SURE I have, when it was the furthest thing from his mind and his reputation was simon-pure).
In a different day and age it might have been accepted as sarcasm. Too much of that stuff happens today and we never know if something like that is serious now.
Did he take it back quickly and apologize once he learned of the uproar?
This used to be a situation where a parent would give his child a good “talking to” but would not have to be blown up into a huge case.
They always add the students accomplishments when describing him, as though being smart and athletic negates the fact that he didn’t care at all that his flippant comment could have cost that teacher her career or even her freedom.
Libel is still a crime, right?
-PJ
He may have initially told the truth and backed down when he realized the consequences.
But to answer your question, yes, the school district overreacted.
If you say the principal is a dick, I don’t think they have any right to take any action (maybe he IS a dick). I think threatening illegal acts in a reasonable credible fashion is over the line (just talking about my line, not what the law may be). Same with alleging crimes by others (which is in effect what he did if he’s under 18), unless it’s true.
Imagine if half of the posts here at FR were as easily traceable as Twitter or FB.
I’d have been fired long ago.
But again it could also mean that he expected everyone who knew him to treat it as sarcasm. “Look at me, do you think I would really do this?”
Bad judgment sure, malicious I am not so sure.
The truth?... if there HAD been such a tryst yes he should have said something. But probably not by Twitter.
Apparently technically still on the books in Minnesota (Minn. Stat. 609.765), but I’d be surprised if there have been any recent (as in the last quarter century or so) prosecutions.
If he wasn’t lying it sounds as if the teacher is the one who should have been suspended. If he was lying it may have been reasonable to suspend him.
Yeah... what is the context. Who asked, and how? Was there an uproar over that person too. Seems to me that sounds like the main instigator.
The school shouldn’t have done anything unless they had some blowback from the student’s alleged libel/slander. The teacher could have chosen to sue civilly for libel/slander.
At my kid's HS, the administration created imaginary students in social media to entrap real students.
He detected one, verified that she didn't really exist, and proceed to harass "her" on line.
It wasn't long before he was summoned to the office and threatened.
Bad move on their part. After their little talk the school dropped the program...
https://www.revisor.mn.gov/statutes/?id=609.765
2014 Minnesota Statutes - 609.765 CRIMINAL DEFAMATION.
Subdivision 1.Definition.
Defamatory matter is anything which exposes a person or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to business or occupation.
Subd. 2.Acts constituting.
Whoever with knowledge of its defamatory character orally, in writing or by any other means, communicates any defamatory matter to a third person without the consent of the person defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
_____________________________________________________________
The liar is guilty of a crime, and he should be prosecuted. That little “Actually, yeah” could have ruined a woman’s life and her career (and the unfounded accusation may drive her out of teaching even after his lie was disproved). He belongs behind bars for a year. Then he can collect the $20 he thinks he is entitled to for the school system inconveniencing an insecure brat.
He was very irresponsible and stupid
Ok...a five day suspension seems a little harsh, but reasonable...
How about a little more information how a five day suspension went to almost 60 days... ?
Prosecutable by the DA? I would have said that instead it is a tort - which can be brought into civil court by the offended party - the plaintiff.
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