Posted on 08/14/2015 10:33:43 AM PDT by Responsibility2nd
A Minnesota high school student will be allowed to proceed with a lawsuit against school district administrators who suspended him over a two-word tweet about kissing a teacher, the Star Tribune reports.
The student, Reid Sagehorn, was an honor student and captain of the football and basketball teams at Rogers High in the 12,500-student Elk River Area district, according to the paper.
In January 2014, Sagehorn, using his personal Twitter account, sent a message reading "Actually, yeah" in response to an online question about whether he had "made out" with a 28-year old teacher at the school. The student has since said the tweet was sent in jest.
District administrators "suspended Sagehorn for five days, then extended it to 10 days, and then to nearly two months," according to the Star Tribune. He reportedly withdrew from the school and enrolled elsewhere to avoid expulsion.
Sagehorn has sued Elk River Superintendent Mark Bezek and other administrators in the district. The district had moved to have the case thrown out, but a judge rejected its motion and will allow the suit to proceed.
"This really was a missed teaching opportunity for the district," said Bradley Shear, a social media and digital privacy lawyer based in Bethesda, Md., who is not involved in the case.
"I think the [district] is going to have significant legal liability, because the student did have damages," Shear said.
A number of recent legal cases involve similar issues.
In 2014, New Jersey's 950-student Sterling High School district agreed to revise its student handbook and social media policies and pay $9,000 in legal fees after being sued by the family of a 17-year old student who was suspended in part for using vulgarity to describe her principal on Twitter.
As part of a settlement reached in the case, the district agreed to inform students that "the administration may be monitoring student discussions on Facebook, Twitter, or other social media outlets and may seek to impose penalties in accordance with the student code of conduct if such discussions cause a substantial disruption at the school."
The Sterling High district also agreed to purge its files of all records of the student's involvement in the case, and to let the student attend her senior prom and senior class trip, from which she had previously been banned.
And in an opinion filed in 2010 in response to a lawsuit filed by a student who was suspended after creating a satirical MySpace profile of his principal, the U.S. Appeals Court found that "the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline."
"The bottom line is that the First Amendment still applies" on social media, Shear said. Exceptions come when student expression causes "substantial disruption" at the school—for example, a bomb threat.
Shear also cautioned against district monitoring students' public social media accounts, describing the practice as a slippery—and potentially expensive—slope. For example, he said, it can be challenging to link social media accounts to specific users without student verification, and districts open themselves up to potentially liability if they commit to monitoring student social media and end up missing communications that may have warned of bullying or threats.
Shear described such monitoring efforts as "an absolute waste of taxpayer dollars."
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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