Student Expelled for Tweet

[Lorizael]

http://www.indianasnewscenter.com/news/local/High-School-Senior-Expelled-For-Tweeting-Profanity---144022966.html

GARRETT, Ind. (Indiana’s NewsCenter) - Police were called to Garrett High School Friday after students there threatened to protest. This all comes after a senior was expelled for what he tweeted on his personal Twitter account.

"One of my tweets was, BEEP is one of those BEEP words you can BEEP put anywhere in a BEEP sentence and it still BEEP make sense,” said Austin Carroll, student.

Austin was expelled from Garrett High School after tweeting the F-word under his account. The school claims it was done from a school computer. Austin says he did it from home.

"If my account is on my own personal account, I don't think the school or anybody should be looking at it. Because it's my own personal stuff and it's none of their business,” said Carroll.

"I totally didn't agree with what Austin said but I didn't agree with an expulsion either. I mean if they suspended him for 3 days or something, I would be fine with that but to kick him out of school, his senior year, 3 months to go, wrong,” said Pam Smith, Austin’s mother.

The principal at Garrett High School claims their system tracks all the tweets on Twitter when a student logs in, meaning even if he did tweet it from home their system could have recognized it when he logged in again at school.

“I didn't post the thing at school but their computer is saying that I did post it, and I shouldn't be getting in trouble for stuff I did on my own time, on my own computer,” said Carroll.

Austin is going to an alternative school and will be able to graduate. But he says there is so much more he wishes he could be a part of.

"I just want to be able to go back to regular school, go to prom and go to everything that a regular senior would get to do in their senior year,” said Carroll.

Indiana's NewCenter reached out to the school's administration. The principal refused to comment on camera at the request of the school's attorney.

I know things work differently when it comes to school but, uh, what about the First Amendment?

[Felch]

What about just not being a bunch *******s? Why expel a kid a few months from graduating?

[giblets]

Because he used a word that some people have deemed intolerable?

[Guynemer]

This is not the dumbest **** ever, but it may crack the Top 50 list.

[Hauldren Collider]

This is sort of routine idiocy for public schools that don't have enough trouble to keep the administration busy.

[The Mad Monk]

I see you and raise you.

Honor Students Punished for Their Website
By JOE HARRIS
ShareThis

KANSAS CITY, Mo. (CN) - Twin-brother honor students claim in Federal Court that their public school "callously" suspended them for 180 days for setting up and running a nonviolent website on their own time and on their own computers.

Public school districts have been sued repeatedly for punishing students for nonviolent statements they make on their Facebook pages, sometimes for criticizing or lampooning teachers. Employers too have been sued on similar allegations.

In the most recent case, Brian and Linda Wilson, the parents of the twin honor roll students, say Lee's Summit School District's harsh discipline violates their sons' First and Fourteenth Amendment rights. The Wilsons ask a federal judge to reinstate their 17-year-old sons and wipe out any reference to the suspension from their records.

At issue is a blog one of the boys created called northpress.tk, a satirical site about high school life. The boys say they set up the blog on their personal computer on their own time, and used a Dutch domain name so it would be difficult for peers to see it unless they told them about it.

"Late in the evening on December 16th, 2011 a third student, not a plaintiff in this action, posted a comment which employed a racial epithet as a title of the post," the complaint states. "This particular post was viewable from approximately 12:00 a.m. the morning of December 16, 2011 until approximately 11:30 a.m. on December 16, 2011. "The plaintiffs were not aware of this post at the time of its posting." A third student, not a plaintiff to this action, removed the content on the site during the school day of December 16, 2011.

"The plaintiffs learned of this post which used the racial epithet for a title while at school on December 16, 2011.

"On Friday December 16, 2011, LSNHS [Lee's Summit North High School] administration became aware of the website and restricted access to it from all school computers."

The twins were suspended for 180 days. They say defendant Lee's Summit Superintendent David McGehee told them they were suspended because they were "involved with" North Press. An appeals hearing on the suspension was held on Feb. 8.

"At the appeals hearing, the district levied new charges against the plaintiffs for misuse of school computer equipment, charges not brought against the plaintiffs during their initial suspension hearing," the complaint states.

"Plaintiffs were subsequently convicted of the new charges at the appellate hearing."

The twins say they were told that whiles suspended they could attend Summit Ridge Academy, an alternative school for at-risk students. But the twins, honor students, say the alternative school does not meet their academic needs and doesn't have any extracurricular activities, such as a band. One twin is a drum major and the other was slated to be Drum Line Captain in the Lee's Summit North High School band next year, positions put in jeopardy by the suspension.

"Unless the plaintiffs are immediately readmitted to LSNHS, they will lose eligibility to participate in leadership roles in school band," the complaint states. "These consequences that will negatively impact the plaintiffs' ability to attend college. "Moreover, if the suspension is not expunged from the plaintiffs' records, their opportunities to obtain competitive scholarships and college admission will also be severely jeopardized." "Further, if the actions taken against the plaintiffs by the Lee's Summit R-7 School District, superintendent and school board are allowed to stand, the result would be an impermissible chilling effect on speech."

The plaintiffs are represented by Aaron Schwartz, with Wallace, Saunders, Austin, Brown and Enochs, of Kansas City, Mo.

Lee's Summit R-7 School District, McGehee and five school board members are listed as defendants.

http://www.courthousenews.com/2012/03/09/44559.htm

The school needs to lose. Badly. Protected speech, off of school property, third party. This is assinine.

[Dinner]

What happened to free speech? It didn't even happen at the school so why is it their jurisdiction?

[Hauldren Collider]

School principals are nazis.

[Dinner]

Where is Ozzy when you need him?

[Proteus_MST]

We´re talking about a country where children are suspended from school because they draw pictures of armed soldiers, kids are arrested for burping in class and little girls are arrested and suspended from school, because their mother allowed them to bring a single pill of aspirine to school (because of headaches) ...
so there is truely nothign that would surprise me with regards to american schools

[SlowwHand]

If you're concerned about this, are you aware of what some employers want to do? Same thing.

[onodera]

Since when is Tokelau part of the Netherlands?

[The Mad Monk]

If you're concerned about this, are you aware of what some employers want to do? Same thing.

I am aware, and I am concerned.

Especially concerning facebook passwords.

[SlowwHand]

That's what I mean.

[Lorizael]

I'm definitely not too happy with companies who ask prospective employees for their Facebook passwords, but I feel that's a step below this. They're not directly violating the Constitution, after all.