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Court: Slamming a teacher on Facebook = free speech | Seen and Overheard
 

Home > Blogs > Seen and Overheard > Archives > 2010 > February > 17 > Entry

Court: Slamming a teacher on Facebook = free speech

A court ruling involving a high school girl who slammed a “lame” teacher online has ticked off opponents of cyber-bulling.

A federal magistrate in Florida ruled Friday that Katherine “Katie” Evans had every right under the First Amendment to diss one of her high school teachers online.

Now 19, Evans created a Facebook page about “the worst teacher I’ve ever met” as a high school senior in 2007. Evans took the page down after several other students defended the teacher.

When the school found out that there had been a page, Evans was suspended for three days and kicked out of her Advanced Placement classes.

She sued her principal in 2008, seeking to have the suspension ruled unconstitutional and reversed. She also wanted her legal fees paid and the suspension removed from her permanant record.

Magistrate Judge Barry Garber on Friday ruled that Evans, now a journalism student at the University of Florida, was right.

“Evans’ speech falls under the wide umbrella of protected speech,” Garber wrote according to the Associated Press. “It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior.”

What do you think?


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Permalink | Comments (29) | Post your comment | Categories: talk

Comments

By Shame on Ya

February 17, 2010 11:55 AM | Link to this

Yep, teachers are not reserved special treatment just because they are teachers. And some teachers are lame. Some administrators are lame as shown in this case. Since students are being taught by these same teachers/professors to be liberal and militant, this is the result.

By Lea

February 17, 2010 12:05 PM | Link to this

OK - she took the page down and was suspended because there HAD BEEN a page? Oh whatever.

By Jim

February 17, 2010 12:28 PM | Link to this

Shame, “Students are being taught to be liberal and militant”? Really? Defending your right to free speech makes you liberal and militant?

By rj miamisburg

February 17, 2010 12:29 PM | Link to this

If she was not using a schools computer to blast this teacher, then she should not have been suspended. It was her freedom of speech. I think as long as she didn’t use racist terms or say he was something he wasn’t. Exp This teacher is gay, or He likes to do acts with animals etc, then saying I hate him or he is lame or a bad teacher, is fine with me. It is a burr or gray line if you say something about someone that is not true. The girl who killed herself after reading the nasty remarks placed on Fb about her. NOW that is wrong. But to say Mr So and So is a bad teacher. Nope not in anyway wrong. Then to suspend her for having removed this post,. Is that not like -OH Say- a MLB player who used a drug when it was legal to do, then when MLB says they can’t use it, to go after said player cause he used a drug when it was not banned? Gee MR Player did you use XYZ Drug way back when it was OK to use it? If so we will ban you from playing baseball today since it is now illegal to use said drug…. Again all this girl did was to say Gee Mr So and So my teacher is a lame or bad teacher. HOW did that harm him or the school? Court is right in this case. It is free speech. Like when we disagree on the DDN post on Obama or Bush. It is our freedom of speech. Some will go above that freedom , but if we agree or disagree it is our freedom to say it.

By jake

February 17, 2010 12:38 PM | Link to this

the worst part is that teachers and administrators get on these sites looking for/stalking these kids. They get on to look for incrimminating pics, posts, etc. I think the kids need to be smarter than to post this stuff but things that occur outside of school should be none of their concern

By Richard

February 17, 2010 1:19 PM | Link to this

This is a great precedent. My mother is a teacher in a high school, and she gets cursed at, spat at, and threatened on a constant basis. The discipline office is overrun with these types of complaints, so little is done. Kids have to learn that they can’t treat people like that. What will these kids do in the workplace? They’ll get a harsh lesson really quick, that’s for sure. Kids must be held accountable for their behavior, and that includes verbal abuse (of anyone!). We’ve already seen how bad the generation who was raised on “self-esteem first” theories turned out, and it’s a disaster…they’ve turned into whiny adults who expect everything to be handed to them without any effort. This new generation needs to be taught accountability, otherwise we’re going to get more of the “self-esteem first” adults.

By Richard

February 17, 2010 1:46 PM | Link to this

Jim - show me in the Constitution where it states that it is legal to slander, defame, or threaten someone. Look up Tinker vs Des Moines Independent Community School District if you want to know about how this kind of behavior is not protected free speech.

By Jim

February 17, 2010 1:49 PM | Link to this

Richard, Did you read the article at all? The girl won in court, not the school. Do they teach reading in school anymore?

By Paul

February 17, 2010 1:51 PM | Link to this

rj miamisburg - your MLB player example is terrible. Mark McGwire used androstenedione when it was legal, and he is still being investigated for it. His use of andro may affect his chances of getting in the Hall of Fame.

By Richard

February 17, 2010 2:03 PM | Link to this

Jim, obviously you failed reading comprehension (not reading - there IS a difference. Go back to 6th grade). I was not referring to the case. I was referring to your idiotic statement about defending free speech. If you had paid attention in Civics class, you would know that there are limits on free speech. I wish we could limit the speech of stupid people like yourself. If you re-read my post, I wasn’t referring to the actions in the article AT ALL.

By Dayton Dad

February 17, 2010 2:42 PM | Link to this

Not only is the is speech clearly protected by the First Amendment, but it should be encouraged! This student had an opinion about a public official. how are we suppossed to resolve problems if we cant even talk about them. the teacher should have reflected on the comments by the student and assessed if there was a problem to be resolved. that is the very purpose of speech. maybe the teacher was lame and a horrible teacher. how is that suppossed to get fixed if nobody talks about it.

By Amy Katz

February 17, 2010 2:56 PM | Link to this

I Hope teachers start creating facebook pages talking about their lame and lazy students

By Tony

February 17, 2010 2:57 PM | Link to this

I say let kids freely express themselves about their parents as well; then we’ll see how the parents feel about a disgruntled teen expressing their right to free speech. This is also a matter of common decency and respect, a point that has so far been ignored.

By what a shame

February 17, 2010 3:07 PM | Link to this

Is it legal to post negative comments about your teacher online? Apparently. Is it proper, courteous and professional? No. Quit whining. There are good teachers and bad teachers. You don’t need to “call them out” on Facebook, they know who they are. Good luck in the real world.

By Hey Richard

February 17, 2010 3:08 PM | Link to this

Saying a teacher is lame is free speech. Until the teacher can file suit for slander and wins. The teacher has not done that. You can say it and the teacher can file suit for slander-until then it is free speech.

By Stupidcrap

February 17, 2010 3:10 PM | Link to this

I think this is an absolute waste of money! It is one of the stupidest things I have heard or seen in a couple days. There are more important things going on in our communities than for a teacher to get their panties in a bunch because some stupid student doesnt like them! This is not a new thing. However I do have to agree that kids now a days need to be taught accountability but so do the parents and schools. My son use to ride a certain bus in West Carrollton in our old neighborhood, recently he told my sons best friend that if he (my son) ever rides that bus again he is going to kick his a**. Now my son is 14, this man is well over 50. This to me is something that should be handled but if I go to the bus board, the man will deny it… and it will go on and on. I am not afraid for my son to ride that bus if need be but adults are just as ridiculous as the kids these days when it comes to stupidity. That teacher needs to grow up, the school needs to find better ways to spend their money and that judge should fine the school for even filing the charges (or whoever filed them)!! There are starving and abused children out there who need help and everyone is more concerned about what some kid said or who Tiger Woods is doing this week!!!!

By what a shame is right!

February 17, 2010 6:06 PM | Link to this

What a great topic for debate. As a teacher both loved and hated, I have to say that “what a shame” posted the best response in my opinion. While the student should not have faced schoolwide discipline, she has to know that that type of behavior could hold her back.

By whatever

February 17, 2010 9:23 PM | Link to this

What she did was slander his name on the world wide web, its public, and that page may be taken down, but the damage was done when she took her teachers name and ran it through the mud. She can say whatever she likes and so can I, but the difference between us is I think about the consequences of my actions before I say or do things. She only made herself look like an idiot and a fool by slandering her teachers name. It is slander to print things about people as fact, that are not true. She should be in jail for slandering this poor teacher, doing their job. They were just doing their job, and she was probably upset that the teacher didnt’ want to have sex with her. She slandered his name, they could actually sue her for damages.

By Tough Call

February 17, 2010 9:36 PM | Link to this

It’s a tough call for me to say which side I agree with. On one side, there’s obvious free speech issues and a student’s published opinion about a public official. (Generally opinions don’t qualify for libel/slander purposes, but here that was not an issue nor do I foresee it ever becoming one.) On the other hand, public school’s do have an interest in maintaining order in their classrooms. In my opinion, that order can be affected long after the final class-bell rings (e.g., a fight between students outside of school could result in future violence, discussion, etc., within the classroom). Here the student posted a statement that lessens a teacher’s credibility among this student’s peers - who were presumably the intended audience of the comment, as it’s safe to say many of her Facebook friends were also students of the teacher. Perhaps the reason she was punished in the first place was the disruption in classroom order that resulted from her original statement? After all, the administration learned of its existence after it had already been removed, so there must have been some later discussion of it. In the end though, I think the public should be more concerned about the quality of teachers; after all, it’s their tax money being spent on the teachers’ salaries. Who better to give an assessment of the quality of a teacher than one of his/her students? As mentioned earlier, it’s really important that citizens have the ability to criticize public officials. I think the freedom of speech is more important than the school’s interest in maintaining order, and ultimately agree with the judge’s ruling.

By Justice Jimbo

February 17, 2010 10:36 PM | Link to this

IT would also be of anyone’s free right to assert their opinion on Facebook, Myspace or any other web content posted pages about JUDGES and their RULINGS as is this a free speech also as long as it is not “not lewd, vulgar, threatening, or advocating illegal or dangerous behavior”. The other subject of the is how such an immature person can post information about anyone anywhere at anytime. Children have no respect for adults or authority, what a court is willingly doing by ruling in such a way is encouraging confrontation and others to act as such.

By Tough Call

February 18, 2010 12:17 AM | Link to this

Jimbo, I respectfully disagree. The court was not encouraging confrontation or disrespect, it was simply protecting Constitutional Rights. What the court also was not doing, however, was substituting itself for the girl’s parents. Whether the student should have posted the comment in the first place is a whole new matter. In my opinion, respect for adults and figures of authority is learned not in the classroom, but from one’s parents at home. If everyone feels that young persons are rude or disrespectful, don’t blame the justice system; blame their parents. I was raised in a strict household by two great parents that taught me the importance of self respect and respect of others. I never would have done what this girl did, but I would have had a Constitutional right to do it if I so chose. Courts don’t need to ignore the Constitution to discourage bad behavior, as there are plenty of options (defamation, invasion of privacy, etc) available to anyone actually harmed by similar conduct. In this particular story, however, it was not an issue.

By Tough Call

February 18, 2010 12:28 AM | Link to this

WHATEVER - your comment is absurd. First, you obviously don’t understand what slander is. In order for a statement to be “slander” it must involve a false statement of fact, not opinion - which is what “lame” qualifies as. Nowhere does the story suggest she fabricated a false statement about the teacher and proclaimed it to be factual. Also, for someone who takes such a passionate stance opposing slander, you offer up your own offensive “fact” as to why the girl was mad in the first place. Unlike this young girl, YOU actually slandered someone. Congratulations, moron.

By Gave

February 18, 2010 3:40 AM | Link to this

Obviously it did cause a disruption on campus. So the judge is clearly wrong. Posting on the internet is no different than putting a sign in the hallway. People think they are free from slander and libel laws on the internet, but this is not the case.

By A Conservative Voice

February 18, 2010 7:46 AM | Link to this

Students are not free to say (or wear) whatever they want, whenever they want when on school property. Just like you and I (and military personnel) on our jobs. When I’m off work I can exercise my 1st amendment right all I like. Also, minors can not exercise the same constitutional rights as adults: bearing arms, entering into contracts, etc.

By Think about it...

February 18, 2010 10:01 AM | Link to this

Why can’t she make a page? You guys slam the President of the United States for everyone and other countries to see.

By Bill Nye

February 18, 2010 10:36 AM | Link to this

Teachers unite. Give it right back to the lame a$$ little students and let them see how they like it. Really smear it on.

By ExplainNationX

February 18, 2010 10:53 AM | Link to this

We can’t use common sense to settle what we don’t like about something? IF Katie Evans had a problem with the teacher, why not be proactive about it and confront the situation within the school district? So what does this teach us about Katie’s reaction to issues that upset her? (Gee professors, I’d be looking at that FB every chance you get.) Ah, poor Katie - I hope she as the stomach for all the criticism and opinions she is going to be receiving on the majority of her college work, let alone any journalistic employment she may be lucky enough to get. Guess we’ll read about it on her page.

By alan

February 18, 2010 11:56 AM | Link to this

Someone’s right to swing their arm stops at the end of my nose. The same thing should apply to libel and slander.

By null

February 18, 2010 3:31 PM | Link to this

Honestly! Why does anyone care what idiot teenagers post about them on FB? Get a life! This is no different from someone writing on a bathroom wall. Consider the source, as they say.

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