Lawsuit Filed After School Wants Facebook Password 12 Year Old

[engine]

Lawsuit Filed After School Wants Facebook Password 12 Year Old [zdnet.com]

A mother and the American Civil Liberties Union (ACLU) of Minnesota sued Minnewaska Area Schools and Pope County officials Tuesday on behalf of a 12-year-old girl. The lawsuit filed in U.S. District Court claims the school district violated the middle school girl’s First Amendment (freedom of speech) and Fourth Amendment (unreasonable search and seizure) rights in two separate Facebook incidents where she was disciplined by administrators.

The ACLU explains the school disciplined the girl, known only as R.S., after she posted on Facebook that she “hated” a hall monitor who was “mean” to her. School principal Pat Falk said the comment constituted bullying; R.S. was given detention and told to apologize. The sixth-grade student was at home when she posted the comment: no school computer or school connections were used, the ACLU points out. Afterwards, she posted another comment, cursing that someone had shown her first one to school officials. The school district responded by giving her an in-school suspension and prohibiting her from attending a class ski trip. The ACLU argues the discipline violated the girl’s free speech rights.

It's intruiging it gets to this when really, the girl shouldn't have been using FB.
I guess the real question is whether the school has any authority in such instances, no matter the age.

[BeeDeeDubbleU]

It's intruiging it gets to this when really, the girl shouldn't have been using FB.

Personally I don't think anyone under the age of 21 should be allowed to use Facebook. ;)

.

[incrediBILL]

I'm pretty sure my next post to FB would've gotten me expelled LOL

[Marshall]

after she posted on Facebook that she “hated” a hall monitor who was “mean” to her. School principal Pat Falk said the comment constituted bullying

This is bullying?

12 Year Old

And she violated FB's TOS if I am not mistaken, obviously lying about her age. "You will not use Facebook if you are under 13." [facebook.com]

First Amendment (freedom of speech) and Fourth Amendment (unreasonable search and seizure)

Agreed, but if the parents are not going to monitor their child's activity, someone has to.

Everyone wants the schools to take care of the kids, but tie their hands when it comes to it. It is that "cake and eat it too" syndrome.

Marshall

[graeme_p]

I see no evidence that the parents were not monitoring the kids activity.

I also do not think that because some parents are not doing their job, schools can take over bring up kids in all cases.

[Marshall]

I also do not think that because some parents are not doing their job, schools can take over bring up kids in all cases.

I am not suggesting that schools take over for parents, but it has been my professional* experience that many parents "defer" raising their kids to the school system and are "too busy" to be properly involved.

The root problem is the guidelines constituting bullying. They are so vague and general and the reactions of schools to (presumed) bullying is so drastic and, in many cases, ill conceived, that lawsuits are inevitable. Using the guidelines of today, I would hate to think what would have happened to me 40 years ago for jokingly knocking someone's books out from under their arm.

Marshall
*Side career in law enforcement.

[incrediBILL]

Using the guidelines of today, I would hate to think what would have happened to me 40 years ago for jokingly knocking someone's books out from under their arm.

..or for shoving the smallest kid in the gym locker and leaving him there during gym class.

I felt kind of bad for the kid, but I too (at the time) would also fit in a gym locker so upsetting the jocks wasn't a good idea. Couple of years later, when I got MUCH bigger, that changed :)

[Marketing Guy]

To be fair, if the matter involves the school as most spats between kids will inevitably do, then them taking action when made aware of an issue isn't that innappropriate.

The mother *suing* the school on the other hand is beyond ridiculous. Seriously...*suing* the school...SUING! A 12 year old in that situation is just going to go away with the idea in her head that she can say and do what she wants and that's fine.

It's the modern day equivalent of a parent suing because a teacher confiscated a note that was getting passed around the classroom and took action because the contents concerned them...

[engine]

I agree, suing is completely over board.

Why can't they just work it out around the table over a nice cup of tea!

[lucy24]

Inquiring minds want to know: Did FB cancel her membership when they found out she was underage?

[Planet13]

If she sues and wins, hope the hall monitor whom she called mean then sues her (or her family).