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macrumors Penryn
Original poster
Jul 11, 2003
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Were they right or were they being douches?

What role – if any – should a school play when a student badmouths a teacher online? That’s the question with which California’s Mesa Verde High School and the ACLU currently find themselves wrestling. The school suspended a student named Donny Tobolski after he took to Facebook to vent his frustrations about a teacher, calling the educator in question – biology teacher Mr. Cimino – a “fat ass who should stop eating fast food, and is a douche bag.”

Linda Lye, a staff attorney for the ACLU writing on behalf of the young man and his mother, wrote a letter to Tobolski’s principal, Rick Messer, letting him know that, by suspending Tobolski, he had violated the student’s federal rights. Writes Lye:

Donny’s speech was protected under the state and federal constitutions, as well as the Education Code. That being so, Mesa Verse High School’s suspension of Donny for his protected speech violates state and federal law. We take this matter seriously because of the special role of freedom of speech in our democracy. Schools, tasked with the important role of teaching our youth about civic engagement, send the wrong message when they fail to live up to our country’s founding principles.​

Lye adds that Tobolski’s comment, which was written neither on a school computer nor during school hours, posed no risk of “materially or substantially disrupting the school environment.” Furthermore, the comment does not qualify as “cyberbullying” – a growing issue among the young and mean, and a form of bullying among peers subject to disciplinary action by schools – because it did not constitute as sexual harassment, a hate crime, or a threat.

Was Tobolski’s comment immature and disrespectful? Or course. But it would appear, according to Lye’s argument, that the staff at Mesa Verde High School were not within their right to take disciplinary action for a rude but harmless comment Tobolski made in the privacy of his home (…albeit in the public arena that is The Internets.) But we’d like to pretend to care about you all think: Should the school be able to suspend Tobolski for his comment that his biology teacher was an avid consumer of trans fats in addition to, allegedly, being a feminine hygiene product?
 
That is insane. I'm not even sure if it was right or not, but it seems that policy/law is not up to date in terms of private internet sites which provide a public audience to people's thoughts and ideas. On one hand you could say that it was slander and on the other hand you could say that it was expressing displeasure privately and that privacy was violated. That's intense.
 
I think the school is overreaching its authority. If the student had made that outburst in school, he would have been subject to school discipline. But putting it on Facebook falls outside that, unless he was accessing Facebook in school (which he was apparently not doing).

It's obviously very rude, immature behavior. But he's exercising his right to free speech. I think the school should be able to (indeed, ought to) give the student a lecture about this behavior regardless of where it occurs, but I don't think they can suspend him over it.
 
I think the power schools have is down right ridiculous. I got expelled for something I never did and actually never happened, all because the headteacher didn't like me.
 
The kid needs to learn that there are consequences to your actions. I agree with the School for banning his hinny.

Being man enough to accept the consequences of ones actions is a very important life lesson. That is the reason why I don't poke fun at someone who's biceps is as big as his head.
 
Were they right or were they being douches?

Sounds like both. ;)

No, seriously... how about instilling some manners and respect for elders in this kid? I don't blame the school one bit.

But at the same time, I have to wonder... if, in the pre-internet days, I had published my own underground newspaper and said as much... would I have been suspended? Probably not.
 
I think this reaching on the school's part. Had he uttered this expression AT school, posted it on a school message board, scribbled it across his locker, got caught slipping a note to a friend in class with that phrase - all of those instances I'd be ok with the suspension.

I'm curious how the school found out about the facebook post to begin with. If the kid had his privacy settings locking down his page, then one could make the arguement that he a somewhat reasonable expectation of privacy to express his own personal opinions on his own time, using his own computer.

What lesson does he need to learn I am curious? The lesson to never question or criticize authority figures or the hammer will come down on you? What if he had been overheard on the telephone using the phrase? Then should he be suspended? Or is it because this is in writing, to live on in internet perpetuity?
 
By posting their comment on Face Book, they have in effect published it (which is different than just making the comment verbally).

It's too simple to say "Protected by Free Speech". There are all sorts of instances where a person's right to say something is limited. For the most part society supports these limitations since they are for the greater good. Bullying, calling out "Fire" in theatre, publishing hate-crimes, etc etc Each of these are limited to some degree and/or in certain circumstances because the rights of the group outweigh the rights of the individual, in that instance.

So, are the rights of the group (teachers probably, schools in general?) more important - in this case - than the right of the student to mouth off?

I don't know. Glad I'm not a judge.

Personally, I'd support the school over the mouthy kid.
 
The kids need to learn that what they post on Facebook is there for life and will eventually come back to bite them. Take out teacher and insert boss and see what happens to his job.

We are in uncharted waters when it come to what is posted on the internet vs schools or jobs. There is a case about a woman who was fired for what she posted on Facebook.
There should probably be a daily reminder at every workplace in America: Be careful what you post on Facebook.

The reason? Make a harsh comment, and it just might get you fired.

In Connecticut, the National Labor Relations Board heard a case Tuesday of a woman who was fired after criticizing her boss on the popular social-networking site.

The case, which could set legal precedents for cases involving Facebook postings, dates to December 2009.

That's when a supervisor at American Medical Response, an ambulance service in the New Haven area, asked the employee, emergency medical technician Dawnmarie Souza, to write up an investigative report about a work complaint. Souza requested union representation and was denied.

The employee then went on her personal Facebook page and harshly criticized her supervisor. Her derogatory online remarks in turn drew compliments from her fellow employees.

Souza was suspended -- then fired.

The ambulance service said Souza violated company Internet policy. It also argued, according to published reports, that her firing was related to several complaints -- not just the Facebook postings.

But in a complaint brought in late November, the NLRB found the employee was illegally fired and illegally denied union representation. The complaint found Souza fell victim to what it described as an "overly broad blogging and Internet posting policy" and that her Facebook postings were "protected concerted activity."

New York and Connecticut are "at will" employment states, which means workers can be fired at any time unless they are protected.
But in the Connecticut case, other employees commented with Souza on Facebook. The NLRB is arguing that Souza cannot be fired for simply discussing the terms and conditions of her employment with co-workers.

The argument makes Facebook the equivalent of a water cooler.

The case went to an NLRB hearing on Tuesday in Connecticut, which could lead to an interesting precedent given the emergence of social networking -- and related firings.
 
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Does this mean that if a student were to call a teacher a fat douchebag every day would get a student out of ever having to go to school again?

Or is this another case of a school selectively punishing students based off of their political standing among the administrators?
 
Does this mean that if a student were to call a teacher a fat douchebag every day would get a student out of ever having to go to school again?

Or is this another case of a school selectively punishing students based off of their political standing among the administrators?
If you swear to a teachers face I would hope you would get in trouble for it.
 
If Donny is amongst friends in the cafeteria or out in the parking lot os some such, the "douche bag" comment will probably go unnoticed by the school (hopefully one's friends are nor back-stabbing snitches). Somewhere else, like facebook, where the comment might get passed along, Donny could realistically expect to get in trouble. Discretion is an important lesson: first amendment rights are only protected WRT the government, society and business are not restricted and tend to be less forgiving. This is the lesson, that being an excretory orifice is not the ideal way to go through life, the school is right to dispense it.

Now, if we can get Mesa Verde moved back to Colorado where it belongs...
 
they should counter sue the little snot to reclaim their legal expenses for defending against this law suit, and then turn his suspension into an expulsion. Make an example of him.

kids have absolutely no respect these days, and they have been taught to manipulate the system to their advantage.

Someone needs to slap his mom around a bit as well, for encouraging his behavior instead of sending him back to the teacher to apologize for his actions.


And then the ACLU lawyer who took this case should get a swift kick in the pants for wasting the courts time, and the counties resources.
 
they should counter sue the little snot to reclaim their legal expenses for defending against this law suit, and then turn his suspension into an expulsion. Make an example of him.

kids have absolutely no respect these days, and they have been taught to manipulate the system to their advantage.

Someone needs to slap his mom around a bit as well, for encouraging his behavior instead of sending him back to the teacher to apologize for his actions.


And then the ACLU lawyer who took this case should get a swift kick in the pants for wasting the courts time, and the counties resources.
Unless this was said on school property what punishment can they legally give. This was on a private computer at home. At what point do the schools rules not apply anymore.
 
i guarantee you if I decided to go on Facebook and bash my hospitals administration, and then if word got back to the hospital of what I had done. There would be consequences for my actions. Why should the kid get off scott free?

Part of being in school is to learn basic mannerisms for interacting with others.
 
i guarantee you if I decided to go on Facebook and bash my hospitals administration, and then if word got back to the hospital of what I had done. There would be consequences for my actions. Why should the kid get off scott free?

Part of being in school is to learn basic mannerisms for interacting with others.
Facebook is nothing more than people at the water cooler gossiping. The only difference is more people can hear it. I don't know if it is a fireable offense.
 
Facebook is nothing more than people at the water cooler gossiping. The only difference is more people can hear it. I don't know if it is a fireable offense.

You know and I know that the bulk of the internet's content falls scale of misinformation somewhere between malicious BS and clueless ignorance. By the same token, the bulk of internet users lack the iBaleen needed to filter the sea of misinformation for its planktons of truth. Because of that, and because fb is heavily trafficked, what one posts must be treated as potential slander.
 
Does this mean that if a student were to call a teacher a fat douchebag every day would get a student out of ever having to go to school again?

Perhaps, but who does that really hurt? ( Never mind, stupid question, with todays American Education System, it hurts no one.)

Or is this another case of a school selectively punishing students based off of their political standing among the administrators?

Must it always be about politics? Can't we just agree that some people are just *******s regardless of their political affiliations?

Facebook is nothing more than people at the water cooler gossiping. The only difference is more people can hear it. I don't know if it is a fireable offense.

If the teacher has posted on their Facebook page that little Johnny Student was a douchebag, you can bet your ass it would be a fireable offense!
 
If the teacher has posted on their Facebook page that little Johnny Student was a douchebag, you can bet your ass it would be a fireable offense!

You bring up a good point. If the roles were reversed, I bet many of the same people here supporting the kid would be against the teacher. Just my opinion.
 
I think the school is right. The kid learns one important lesson - that his actions have consequences.

If the teacher has posted on their Facebook page that little Johnny Student was a douchebag, you can bet your ass it would be a fireable offense!

I do not have to bet, I know that. :D It happened at my school years ago. Teacher was vulgar to the kids in the class - got fired immediately.
 
they should counter sue the little snot to reclaim their legal expenses for defending against this law suit, and then turn his suspension into an expulsion.

I'd like to see the teacher counter sue for libel or slander.

If the teacher has posted on their Facebook page that little Johnny Student was a douchebag, you can bet your ass it would be a fireable offense!

Oh it is guaranteed that the teacher would be fired for this.
 
That is insane. I'm not even sure if it was right or not, but it seems that policy/law is not up to date in terms of private internet sites which provide a public audience to people's thoughts and ideas. On one hand you could say that it was slander and on the other hand you could say that it was expressing displeasure privately and that privacy was violated. That's intense.
Facebook is not private. Arguing whether or not expressing your dissatisfaction for something on Facebook is acceptable use and conduct is ok. Arguing it because you believe it is private, in my opinion, is not.
 
Facebook is nothing more than people at the water cooler gossiping. The only difference is more people can hear it. I don't know if it is a fireable offense.

Um, I don't think it's the same thing at all. At a water cooler, you can see your audience. You are saying things that are for that audience alone. And when you are done, there is no record of what you said.

With Facebook, you are publishing content. It is written down. It is recorded, potentially permanently. Because you can't see the audience, you don't know who they are. Facebook is much more like printing up a what a posters and plastering them up. With your name on them. Even if you put them only where your "friends" hang out, other people can see them if they wander over. Your friends can move the posters around to other locations. Your friends can make copies of the posters and post them where they want.

There is a huge difference between writing something on Facebook and telling the crowd around the cooler.
 
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