Schools’ Suits Against Students Who Mock Them Online

[ccharles000]

By LAURA HODES


The rapid rise in popularity of sites like Facebook and Twitter has made it easy for students to bypass the traditional means of communicating and commiserating with a wide audience of other students: the school newspaper. The faculty newspaper adviser could control the content of each issue of the newspaper before its publication. But now, there has been a rise in "electronic harassmentor suck sites," through which students directly create web sites to mock a school or its teachers – without any gatekeeper present to exercise editorial control.

In the latest such lawsuit, the Salon Professional Academy -- a cosmetology school in Elgin, Illinois -- is suing student Nicholas Blacconiere and a John Doe in Kane County Circuit Court. The Academy seeks $50,000 for emotional damages that it alleges were caused by defamatory comments on a Facebook page Blacconiere created. On the page, Blaconniere solicited students to post their comments on the school and its teachers, with the following message: "Dont be afraid to post comments on whats going on, this is yor voice too." (Errors in original.) Blaconniere also himself posted crude messages about teachers.

The next hearing in the case is scheduled for Oct. 15. Since the law in this area is unsettled, the court's ruling could have far-reaching effects on how free students are to create virtual soapboxes on the Internet.

In this column, I'll take a look at some recent rulings in lawsuits involving students who have created websites mocking their schools or teachers, and comment on where precedent in this area law is, and should be, heading.

http://writ.news.findlaw.com/commentary/20090925_hodes.html

[ixion]

1. gee, so after having a free hand to treat students like crap, schools finally get pushback

I think it's great, and I think a school suing for emotional distress is laughable.

[proud2BlibKansan]

2. Cause all school emotionally abuse students!

:sarcasm:

[ixion]

3. not necessarily, of course

but I think that students should be allowed to voice their opinion, nonetheless.

My high school was not really abusive -- too much -- though it still would have been nice to have an un-fettered forum for voicing complaints.

[proud2BlibKansan]

5. So why did your post say schools treat kids like crap?

[ixion]

6. because many do

[proud2BlibKansan]

7. Examples? Links?

[ixion]

8. go to google

and do a search for "public school abuse"

[proud2BlibKansan]

10. I'm not denying it happens

I just disagree it is a widespread problem.

[ixion]

11. understood...and I'm just saying

that the kids have a right to make sites that reflect their opinions of their school, not all of which will be flattering. I think it's a good check to keep school administrators and educators honest. Granted, there will be issues, but aren't there always issues?

[proud2BlibKansan]

12. Yes they have that right

but they don't have the right to slander their teachers. And they should be held liable if they do.

As a teacher, I have seen some downright nasty hate campaigns against good teachers. A high school teacher here in my area flunked kids for plagiarizing and parents went to the school board demanding she be fired. So I see a side of this that maybe you don't.

[ixion]

13. if they libel a teacher,

the issue should be pursued and dealt with, by all means. I'm in no way advocating a breach in slander and libel laws.

If libel occurs, there should be legal ramifications for both the student and the parents involved, just like there would be in any other case.

It would be a good lesson in civics.

[Hosnon]

4. If the school receives tax dollars, sounds like

protected speech to me. Of course, defamation is illegal.

The development of this (and similar) case law will be interesting.

[ProgressiveProfessor]

9. WRT to elementary and high schools this is rolling back the clock

It used to be if it was done out of school it was untouchable by the school. Easy enough since publishing and distribution was expensive. With the web, it costs practically nothing. Today that is different and the educrats can't stand the exposure and alternate view points.

I am not neutral on this. I have helped high school students set up and run several sites that their school was most upset with, and helped them hide their identities.