Punished for parody, student sues school

[struggle4progress]

The First Amendment protects posting about principal, ACLU claims
Saturday, January 28, 2006

By Paula Reed Ward, Pittsburgh Post-Gazette

A high school senior from Hermitage who was suspended and moved to an Alternative Education Program for creating an online parody of his principal has filed a federal lawsuit against the district ...

Justin created the profile from a computer at his grandmother's home, and he never accessed it from school, according to the lawsuit. Mr. Walczak contends that the profile contained no threats or obscenity, as defined by the law ...

After that meeting, Justin both went to Mr. Trosch and sent him a letter of apology. He thought, Mr. Walczak said, that his apology had been accepted and the matter was finished. But on Jan. 3, Justin and his father, Donald Layshock, were called to the Hermitage police department and told that Mr. Trosch had asked that harassment charges be filed against Justin.

The officer said he would not file charges unless directed by his superiors. None have been filed ...

http://www.post-gazette.com/pg/06028/645823.stm


Kid did a sorta childish thing -- but the school's over-reaction tells ya somethin about them, too ...

[Scooter24]

1. Over a parody?

Geesh..

[EST]

2. Anger, hate, and fear certainly don't lead

to mature deliberation and patient leadership. Welcome to Amurika!

[guruoo]

53. So I guess that means a public horsewhipping

is out of the question?

[Scooter24]

3. You know what...

I'm going to make a myspace page in honor of this principal, but instead of using the district's photograph of him, I need someone to draw a picture of him based on his photo. I'll use that instead.

Then I will forward a link to this jerkoff and every member of the board of education.

Let them try and fuck with me :)

[BikeWriter]

7. Oh, wow. Wouldn't it be terrible if there were hundreds made?

[saigon68]

10. Use a photo like this

[mark11727]

11. You know, someone with a little Photoshop knowlege...

...could really do something with that picture.

[guruoo]

54. Wonder if he has a little buddy?

[niyad]

4. same state where the kid wearing a bronco jersey was tormented, right?

what the HELL is the matter with the educators in that state?

[bleedingheart]

15. check out the PA forum...there was a lot more to that story...

turns out the kid wasn't being truthful.... funny how people jumped to conclusions on that one...

[dsc]

21. I did and I didn't see a thread saying that

I saw one rife with speculation but not one confirming that he was a liar.

[bleedingheart]

23. check out the Fred Honsberger thread

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=175x9024#9044

according to the thread..even Lyn Cullen (liberal radio host) was finding out that there was a lot more to that story....apparently the incident was staged as a learning thing-a-ma-bob...but hell the kid now has a lounge chair courtesy of Elway...

[dsc]

24. thanks I have to admit I fell for it too

I took some crap for being a Bengals fan in high school though not quite like what was described there. I am glad to know a kid wasn't severly abused like I had thought.

[struggle4progress]

72. " .. This is the fourth lawsuit since 1998 that the local ACLU chapter ..

.. has fought on behalf of students punished by school officials for items posted online. Anthony Latour, 14, and his parents filed a lawsuit in August against the Riverside Beaver County School District for expelling the boy after he posted home-written rap music online. A judge ordered Riverside to reinstate Latour, and the district agreed to pay him $90,000 to settle the suit ..."

ACLU backs teen
By Jason Cato
TRIBUNE-REVIEW
Saturday, January 28, 2006
http://pittsburghlive.com/x/tribune-review/trib/regional/s_418059.html

[okoboji]

5. the principle

doesn't look "fat" from his photo (http://www.hermitage.k12.pa.us/hhs/principal.html)

the principle just must be a super sensitive guy


big baby

[mark11727]

6. Holy crap, it gets worse...

On Jan. 6, a hearing was held by the school to consider disciplinary action against Justin on charges of disrespect; harassment; gross misbehavior; obscene, vulgar and profane language; and for violating the school's computer policy for using a picture without permission.

At that hearing, the school gave Justin a 10-day, out-of-school suspension and ordered him to finish high school in the Alternative Education Program. He has been told he cannot go to any of his regular classes.

The administration also banned Justin from participating in any school events, including the French tutoring he did for middle school students and attending his own graduation in the spring.

(snip)

Earlier this week, Justin was admonished by school officials for trying to speak with his trigonometry teacher, his lawyer said.

(snip)

He applied to Penn State University for college next fall, and he received a letter on Wednesday, telling him that a "registration hold," was placed on his application due to a "dismissal/suspension from Hickory High School."

This kid was no angel, but he was certainly no doofus, either --- and screwing with his future education is WAY more punishment for any "crime" he may have committed (honestly, since when does "disrespect" deserve getting your college review put on hold?). Aside from pulling the principal's photo from the school's servers, I think someone's first amendment rights are being violated --- and even though the kid wrote a letter of apology to the principal, I think the school administration, if not the local school board, owes an apology to the student.

Maybe for his next project, he should crank up Mr-Trosch-Is-A-Whiney-Girlie-Man.com.

That'll learn 'em.

[ticapnews]

8. He tried to talk to a teacher?

Good lord, what's wrong with this kid? He can't possibly go off to college if he thinks he can actually TALK to his teachers!

I think it's good that they're preventing him from tutoring middle-schoolers too. No reason they shouldn't be punished as well for this kid's prank.

This is just bad on so many levels.

But, hey, cannon fodder don't need no book learnin!

[mark11727]

12. That's what set me off...

...this whole thing COULD have been avoided with a ten-minute sit-down between Mr Pissypants, the kid, and his parents, and maybe they might have come to some kind of understanding... but NOOOOOO --- the principal HAD to make some kind of STATEMENT (and I really hate "statements") and an EXAMPLE (and I really, REALLY hate "examples") about what happens to Students Who Piss Off The Principal.

And of course, this kids entire senior year is fucked, his college career is fucked, and any middle-schoolers he was tutoring are fucked.

Jeebus, I'm even madder now than I was after reading this last night.

:grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr: :grr:

By the way folks --- that whole "freedom of speech" thing the Framers stuck in the Constitution was so IMPORTANT, that they placed it FIRST.

[knitter4democracy]

31. That kind of thing happened to my dad--in the 1950's.

He wrote a satirical paper for his sophomore English teacher (making fun of how she interpreted poetry), and he got kicked out of school for that.

I seriously didn't think the same kind of thing could happen today.

The district needs a slap up side the collective head. There's no way that they're right on this.

[ticapnews]

9. Maybe this principal should re-read his own web page

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.

This kid will certainly remember his "Hickory Experience" but I doubt there'll be much in the way of cherishing...

And what's this about open communication to eliminate misunderstanding? I think this educator gets an "F" in this subject.

[DamnYank]

13. Those who can, do

Those who can't, teach.
Those who can't teach, administrate.
Those who can't administrate, teach teachers.
:silly:

[eppur_se_muova]

25. That explains SO much! Welcome to DU, DamnYank!

:toast:

[knitter4democracy]

32. Thanks.

:eyes:

You know, a lot of us here are or were teachers.

The problem lies with this particular administrator and the higher-ups who are humoring him for some reason. In my teaching experience, people often got all worked up (almost like a mob mentality thing) over stuff that we all agreed was trivial. Many in administration take everything seriously and just need to lighten up.

[countingbluecars]

42. So, what do you "do"? n/t

[KurtNYC]

81. And maybe he should put a COPYRIGHT on it too

somewhere, anywhere, if he doesn't want his big-eared picture being used elsewhere.

[bleedingheart]

14. Why did the kid do this parody in the first place?

I understand all points of view in this case but you know what...life just isn't fair and when you take a risk and f*ck with the wrong person it can backfire and this kid has gotten a first class lesson in this.

Now I think the principal is overreacting but I also realize that people can get themselves in hot water when they don't think things through.

For instance, there is a guy in my office who is running an intranet site that is devoted to making fun of the company he works for. I like the guy, he is nice and I have told him a million times that he is risking his job by doing this stupid site...(it is hosted by the company's servers)...

He has been in trouble before but he is going to get fired if they find this web site....and while it is funny and it has a lot of truth...he is going to lose his job because he didn't see that his actions are going to piss off the people signing his paycheck...

[Tesha]

18. I'm always amazed at resonses like this.

> I understand all points of view in this case but you know what...
> life just isn't fair and when you take a risk and f*ck with the
> wrong person it can backfire and this kid has gotten a first
> class lesson in this.

> But on Jan. 3, Justin and his father, Donald Layshock, were
> called to the Hermitage police department and told that
> Mr. Trosch had asked that harassment charges be filed against Justin.

Do you *REALLY* think that what the kid did rises to the level
of (apparent) *CRIMINAL* charges?

If anything, it's the school district that's about to find they
f*cked with the wrong person. Here's how this will play out:
The school district is going to find they grossly over-reacted
and because the kid was smart enough to get an actual
lawyer wjo knows the actual law, they can't just roll over
him with their scary show of force. They will settle this,
and the settlement will include absolving the kid of everything
with the kid reiterating his appology.

Tesha

[bleedingheart]

22. You know what life isn't fair and you just don't know what people will do

when they are messed with.

There are people that shoot people for cutting them off in traffic. People aren't programmed to react the way we want them to react. Not all people understand sarcasm, or appreciate parody...and everyone has their own threshold of what they find acceptable.

The funny part is that everyone loves to join in force with the kid who resists authority and messes with the teachers or the people they are supposed to be learning from...but imagine if this kid did a web site that made a complete ass out of his dad or his mother...what if he created the web site..."my mother is a big fat sl*t".....would that be just as funny...I wonder if his mother would find it so funny and compliment him on his first amendment rights..??? But do it to a teacher and everyone thinks..."oh isn't that just horrid that the teacher can't take a joke".....how about just having some plain old respect for others????

Perhaps the teacher has a thin skin but you know what...I think this kid is in for a rude awakening and perhaps he will find himself the butt of someone's joke and not find it so amusing.

[fishwax]

30. the situation with the parents would be completely different

because parents have the authority to monitor the behavior of their minor children wherever they may be. The authority of a principal doesn't extend into the home, though, and this kid pulled his childish prank at his grandmother's house, not at the school.

I agree with you about plain old respect for others, but it appears the principal has no ground on which to stand.

[Darth_Kitten]

35. Bravo.

:D

I just get a feeling the kid likes to stir up the pot.

When I was a kid I never had the time to do things like this. :)

Life sometimes sucks, kid. Deal with it. :)

[Commie Pinko Dirtbag]

77. He IS dealing with it. By fighting back.

Best way to "deal with it" if you ask me.

Rolling over and dying is not a valid outlook on life. At least that's a good lesson this boy seems to have already learned.

[progressivebydesign]

16. A 17 year old should know better.. sorry, he sounds like an asshole!

And if he had made a page attackinga and ridiculing the principal for his race, not his weight, than DU would be all over that family, calling them all kind of names. But.. I guess fat is okay. sheesh.

There is more to the story. And frankly, I think someone with that little self control or brains should probably take a year off before going off to college.. his maturity level is around... say... 13. That's fine parenting there... your kid does something despicable, you find a lawyer. Sweet.

[LisaL]

17. The kid is an ass, no doubt, but kicking him out of school for

this seems a bit extreme to me.
I mean, keep him in detention or something, but does this really warrants him to not be able to finish his education? I think not.

[dsc]

19. If it had been racial

would you say the same thing? I think that is a valid analogy and deserves an answer.

[dsc]

20. Would any of you put up with that?

This kid is a punk, and while I agree that criminal charges are over the top, the rest of the charges are fine with me. Imagine how humiliating it would be to have that on cyberspace for all the world to see. Teachers, believe it or not, are actual real people who have actual real feelings. I am quite heavy myself and I would be beyond humiliated to have had that happen to me. The kid who did it is a bully, plain and simple. Any employer would fire him for this and the school has every right to send him to alternative school.

[struggle4progress]

26. A few questions:

(1) Is speech only protected if it is inoffensive?

While I completely agree the kid sounds like a jerk, I would like to know whether it is your view that only mild and polite speech is "free."

(2a) How far off campus do you think the school as an institution should be able to reach?

I would like to know what limits, if any, you would set on the school's ability to insist that its rules apply to the students' daily lives, say, over the weekend, or when students are vacationing. The school, for example, probably forbids student possession of certain types of reading material, which raises the question whether students could be suspended for possessing such materials in their non-school lives.

(2b) Do you distinguish between the off-campus steps the principal, as the object of parody, and as a private citizen, might be entitled to take, and the steps he may take as official reaction of the district?

Sure, nobody like to be ridiculed, and adults can resent the ridicule of children. What I want to know is whether, and to what degree, you believe the offended school official is vested with the right to retaliate officially.

[dsc]

27. calling the man a drunk

which this kid did, is libel barring it being true. Clearly any employer would be justified in firing a person for libeling him even if he did so on his own time. Frankly, I think that since this was a public website which was accessible at school, then the principal had every right to suspend the child. This isn't possessing a book at home. Libel isn't protected and neither is invasion of privacy.

He has no right, none at all, to libel people. It is as simple as that. Teachers nor principals, give up our rights upon entering the profession. This is no different than passing out leaflets at school telling lies about a teacher would be.

[struggle4progress]

29. Your view that the school may punish a student for whatever ..

.. is posted on the internet, on the theory that it is therefore accessible in the school library, seems a far reach to me. Presumably, for example, the school does not permit students to argue about school policies on campus: on your theory, no student would be allowed to criticize school policies by internet postings.

I haven't found evidence that he claimed the principal was "a drunk," but certainly a victim of libel has civil remedy and there is therefore no need to act under official color.

I've been a teacher, so I know students can be unpleasant. But schools have a totalitarian side, too, and I would suggest that any person, who didn't practice tweaking the authorities at least a bit when in high school, missed an important developmental stage.

[LisaL]

40. He posted pretending to be a principal, as I understand it.

Now, that is clearly wrong.
On the other hand, I still think he should be allowed to finish his education. Nobody is going to benefit from him not getting his education.

[struggle4progress]

47. Who would believe it was actually the principal's post?

[LisaL]

61. I have no clue who would have believed it.

At the same time, you have no clue that no one would believe it either.

[dsc]

46. From the article

Some of the answers Justin posted included vulgarities, and for the question "what did you do on your last birthday?" he wrote, "too drunk to remember."


To me that is libel on its face unless it is true. I have no idea what the vulgarites were but it seems to me that they must be pretty bad to be described simply as vulgarities in the article.

In point of fact teachers have been ruled to be public figures and thus are very limited in their rememdies. In addition, he couldn't sue the parents and thus would face an unrecoverable lawsuit. That is what happened to Blumenthal when Drudge libeled him. As to discussion of school policies, I think that is different though it should be noted that most employers wouldn't. I think if you refrain from targetting specific people then the school should refrain from targetting you. This kid went too far.

To take a specific example of the harm this could cause. I am a recovering alcholic, which my employer (principal and department chair) knows. If that were to be put up about me I would likely be forever doubted as to if I really am still in recovery. You don't have a right to do that to your teacher either at school or at home.

[struggle4progress]

49. Public figures can sue for malicious libel. But parody is protected.

Supreme Court declines to hear libel-by-parody case

June 6, 2005

The U.S. Supreme Court today declined to review the Texas Supreme Court's dismissal of a libel suit filed by a Texas judge and district attorney over a satirical news story.

The fictional satire, published by the Dallas Observer in November 1999, detailed the arrest, shackling and detention of a 6-year-old because her book report on Maurice Sendak's "Where the Wild Things Are" is deemed to contain "terroristic threats." The story included fictional quotes attributed to Ponder, Texas, Juvenile Court Judge Darlene Whitten and District Attorney Bruce Isaacks. The story parodied Whitten and Isaacks' involvement in the real-life arrest and five-day detention of a 13-year-old for writing a Halloween story describing the shooting deaths of a teacher and two students.

The Supreme Court of Texas dismissed the lawsuit in September 2004, because a reasonable person would not believe that it stated actual facts about Whitten and Isaacks. The court also ruled that the "actual malice" standard, which requires public officials to prove that a defendant knew a story was false or had reckless disregard for whether it was true or not, could not be applied literally in a satire or parody case ...

http://www.rcfp.org/news/2005/0606-lib-suprem.html

If no reasonable person would have believed the student's parody was actually an autobiographical posting by the principal, there's no libel. That's probably why the principal isn't suing ...

[LisaL]

60. Actually, we don't know if the principal will be suing or not.

The night is still young.

[lakemonster11]

64. Libel doesn't work in situations of humor.

If something is meant to be funny (and interpreted as humor or attempted humor by a judge), then it isn't libel. If it were, Jon Stewart would be paying through the nose for claiming that Cheney is "a murderous cyborg."

Something similar to this happened when I was in high school. Some kids got together and created an unofficial site for our school with message boards. It was way more informative than the official site, which was never updated. They monitored the boards the best they could and deleted vulgar and defamatory comments as they found them.

The school freaked out and took legal action against them for "providing a forum for harassment" or some bullshit like that (never mind the fact that the school bathrooms were riddled which similar comments, which they never bothered to erase. They just laughed at me when I suggested that that was also a "forum for harassment."). I don't remember exactly what they were going to be charged with, but they were definitely going to be kicked out of school and possibly sued or arrested over it. The really dumb thing was that these kids who created the site were just trying to do a service to the students of the school---they were some of the "good kids." They couldn't afford to get expelled (it would have messed with their college plans), so they gave in and shut down the site. I still get mad just thinking about it. :mad:

[dsc]

68. was it labeled humor

last I checked Stewart's show is.

[knitter4democracy]

34. I can understand the suspension but not the rest.

Even the 10-day suspension was too long. A good meeting between everyone in which the principal lets a good bit go (it's not like the kids don't talk about him behind his back anyway) would've been better for everyone involved.

It's just part of the job.

[Darth_Kitten]

36. Exactly...

Don't lie about people, don't libel people and then Mommy and Daddy wouldn't have to call up the family lawyer.

[guruoo]

55. Parody is protected

I haven't seen the page, but it sounds like
an obvious parody to me.

[dsc]

65. without seeing it we can't know

was it labeled a parody? was in contextually a parody? And parody isn't always protected.

[guruoo]

75. From the way it's described it would be contextually so

That is, unless what we're hearing about it
is a complete, utter fabrication.

That principal is trying to destroy that kid.
Libel or not, if that were my son, I wouldn't stop
until I had that principal thrown out in the street.

[harpboy_ak]

73. Wrong remedy!

Frankly, I think that since this was a public website which was accessible at school, then the principal had every right to suspend the child. This isn't possessing a book at home. Libel isn't protected and neither is invasion of privacy.

The remedy for libel is to sue the libeler, not to throw him out of school.

If it was an obvious parody, then it's not libel.

This pompous twit is going to get an expensive lesson about the 1st Amendment.

[knitter4democracy]

33. Kids do it all the time.

Teachers and administrators are targets. Heck, my kids would tell me to my face whether or not they liked my clothes that day. It's part of the job. Granted, it usually is in the school newspaper or the more-or-less underground publications, but it's always there.

I still have a copy of a drawing a student did of me--a bit mean but still funny. :)

[Darth_Kitten]

37. Yeah, but put it on the internet and you have a new can of worms....

And no, kids don't do it all the time. :)

[knitter4democracy]

58. Yeah, they do.

I taught in two different schools for three years, my mom taught high school art for 35 years, and the kids did that kind of thing all the time.

I don't see why putting it on the internet makes it worse. How many people outside of that school's community will even know about the blog and read it? Now that it's in the news, they will, but how many people have time to troll around the internet for random blogs on high school principals? I can see if he's doing on-line dating or something, but the usual rumor mill is worse.

Kids may not have made nasty blogs about teachers and administrators before, but they often made underground comics and newspapers or tried to slip stuff into the school's newspaper and yearbook. Whisper campaigns go on all the time, too, and parents often hear those as well. Seriously, it's part of the job.

[Darth_Kitten]

70. Putting things on the internet is different...

Underground comics and newspapers wouldn't reach as many people as something posted on the net would. :)

Believe it or not, I knew of no one who would do things like this to teachers.

[knitter4democracy]

80. Good.

When you're a teacher's kid and a former teacher, you see more and go through more. The thing is, how many people outside of that school's community would even know about the website? I agree that he needed to take it down and apologize for it (it did cross the line), but I don't think putting his graduation and college education at risk are appropriate. I had kids do and say stuff, but I never would've pushed for them to be kicked out of the school or do anything other than fix it and apologize.

[dsc]

48. that is very different

from calling a teacher a drunk which is what this kid did.

[knitter4democracy]

56. What's the difference between that and doing it at school?

Kids put hidden jokes in newspaper articles (I used to be a newspaper moderator and caught as many as I could but still missed some). Kids whisper at lunch, pass notes, and tell their parents all sorts of things like that.

I agree that he should've been punished, and a suspension is about right. I think they went too far, though. They made it sound like he put a hit out on the guy or said he was a baby-eater, but he stayed within most limits and apologized, which is better than most kids do.

I was accused of cheating on my husband with the other newspaper moderator (it was all over the school before we knew of it), and many parents had heard that one. I was accused of being a closet lesbian (at the co-ed school--before they found out I was pregnant) because I had the audacity to defend a student. I was accused of being a racist and a sexist by pretty much everyone at the co-ed school because I gave out low grades for poor work. I was also accused of lots of other crap from time to time. It's part of the job. They never called me a drunk because they knew I didn't drink, but they called me everything else in the book.

[dsc]

66. For one thing

the teacher's family can't read stuff said at school while they can read myspace. If teachers are going to end up being treated like defacto public figures without any of the benefits public figures normally have, no one will become teachers.

[knitter4democracy]

79. *snort*

My mom was a high school art teacher, and I heard all sorts of stuff growing up (almost none of which was true). My stepmom did her best to smear my mom publically, and my mom lost students over the rumors, even. She kept teaching, though, did her best to tell the truth, and ended up retiring from that school after 33 years as an honored member of the school.

Teachers are public figures, pure and simple, especially in small towns. That was addressed in my education classes in college more than once, so it's not like teachers-in-training don't know it's a part of the job. They might be suprised at how nasty it can get, but it's not a suprise.

[NatalieP]

28. That's crap!!!

The kid does well in school. And to be reprimanded for wanting to talk to a teacher is ridiculous. You know, if that assh*le principal is so worried of how he looks in front of others, he shouldn't try so hard to look like such a pansy.

[Darth_Kitten]

38. The kid is an arrogant punk....

You don't spread malicious things about people, period.

[LisaL]

43. Nobody is going to benefit from him staying an uneducated punk.

[dsc]

67. They are educating him

in an alternative school.

[Commie Pinko Dirtbag]

78. So, they're applying the "Vietnam village" treatment to his education.

Nice.

[Darth_Kitten]

69. Best way to educate oneself and stay in school...

don't mock your teachers. :)

[BoneDaddy]

39. The message?

This is what is disturbing to me. Similar to GW's reign of imperial fascism, you cannot and will not CHALLENGE AUTHORITY!!!! There will be a heavy price to pay if you stand up to the man. Not only that, it sends a terrible message to the students.

What an opportunity for this man to have made some REAL LASTING IMPRESSIONS with his students. Had I been in his place I would have had some real fun with it. Showing the students that you have a sense of humor and are human is the first thing. What an opportunity to show your humanity at this time, instead of reacting with such force. Not to mention it would be important to me that I see how I am perceived by them.

Imitation is the greatest form of flattery someone once said. Take it in stride, don't take yourself so fucking seriously and have some fun with it. Don't simply and childishly react with domination and abuse of your power. What a prick!

[LisaL]

41. Actually the message is-don't libel someone, or you will

face the consequences.

[tabasco]

44. Oh Jesus Christ. LIBEL?

Please look up the definition.

Stupid comments, primarily fat jokes, by a school kid on a website, is not libel.

Do you really think any reasonable person would consider comments by a school kid about his principal seriously?

Absolutely mind-numbing that the matter has gone this far. Let alone being defended on DU.

The principal is the one who should be scrutinized for his actions as a result of this incident.

[Sgent]

45. What Libel

Assuming that this kids acts raise to a level of true libel (and remember this guy is a public figure, at least in his community), how does that give the school board a say in the discipline.

Libel is a civil action -- not criminal. The principal can sue the boy or his family (depending on the state), but I don't see how this is an action that can be used to deny the kid the right to a public education.

Parody is an accepted form of critisizing of public figures -- and has been since Jonathan Swift and Sam Clemons. This might be poor parody in bad taste, but to punish a kid for such speech is problematic.

[NatalieP]

50. You're absolutely right.

Also, I think people let emotions get in the way, because fat jokes are a sensitive matter to some. As a principal of a school you have to make fair judgment. Just like a judge has a duty to be unbiased, so does a principal of a public school.

[tabasco]

51. That would be a very bold assumption.

This is nowhere near libel.

Libel has to have an actual consequence of lowered reputation with reasonable members of the community.

What reasonable member of the community would really believe rants on a website from a schoolkid about his principal?

If the principal filed a libel complaint it would be dismissed for lack of a cause of action.

[LisaL]

57. As I understand the story,

the boy pretended he is the principle and posted a profile as if he was the principle. So, it wasn't school kid ranting, it was as if principle himself posted it. And I have no idea if anybody would believe it or not.

[Scooter24]

63. Do you ever know what a parody is?

And do you reasonably believe that the principal would write those things about himself?

The kid didn't use the profile in any official function.

There are thousands of parody profiles on Myspace. For instance, here's a popular parody of Bush Jr.: http://www.myspace.com/16949019

Some notable cases:

Smith v. Klein - allows students to show their middle finger to teachers off campus.

Thomas v. Bd. of Ed., Granville Cent. Sch. District - prevented school officials from shutting down an underground newspaper produced and sold off campus.

Emmett v. Kent School District No. 415 - stated that student Internet speech created off campus is “entirely outside of the school’s supervision or control.”

Beussink v. Woodland R-IV School District - ruled that school officials violated the First Amendment rights of a student when they suspended him for 10 days for his home page that criticized the school.

Beidler v. North Thurston School District - stated “Schools can and will adjust to the new challenges created by … students and the internet, but not at the expense of the First Amendment.”

This kis should win easily.

[LisaL]

71. I understand what the parody is.

However, it's too bad for the boy that his principle doesn't have a sense of humor. Perhaps one should make sure the subject of the parody has a sense of humor first?

[Commie Pinko Dirtbag]

76. No. One shouldn't.

Would you like to have to ask Dubya's permission before spoofing him?

[LisaL]

59. I don't think the kid should be denied the right to education.

However, what he did was not nice. Still, I think him not being able to finish school is to stiff a penalty.

[guruoo]

52. This isn't about punishing the kid, it's about destroying him

IMHO, this principal deserves a taste of his own medicine.

[proud2BlibKansan]

62. I wonder how this fits

in this school district's code of conduct? Do you suppose they have a rule against principal parodies? LOL

[ace2u_in_MD]

74. From what I understand of the story - I feel the Principle is a bully

From what I understand -

The profile was NOT created with school equipment.
The site is NOT hosted on school system equipment.

IMHO, the principle is acting like a bully, using the power of his position to punish the kid. Let hm sue and let a jury determine if it was a violation of law.

But for the principle to try and ruin the kids future, I think he is coming up short on the male equipment, and is compensating.

I'll spend some time tomorrow doing 2 things, registering my opinion with the school, administration and the board. Then contact the ACLU and donate to the kids case.