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Interesting Lawsuit in Madison, Mississippi
Posted on 9/22/14 at 11:03 am
Posted on 9/22/14 at 11:03 am
LINK
A female student sent out nude selfies of herself to several people at Germantown High School in affluent Madison, MS.
One of the recipients, having been forwarded the picture, posted it from school to a public Instagram page during break.
That student was suspended immediately, and then later expelled.
Parents of the expelled student are suing school district for free speech, and also citing the 8th amendment because expulsion is apparently cruel and unusual punishment.
They are also charging the school district under the No Child Left Behind act, because the education at the Alternative school is not as good as it is at Germantown.
I'm torn here - the girl who sent the nude pics of herself is a moron. But posting them from school to a public page is moronic as well.
Thoughts?
A female student sent out nude selfies of herself to several people at Germantown High School in affluent Madison, MS.
One of the recipients, having been forwarded the picture, posted it from school to a public Instagram page during break.
That student was suspended immediately, and then later expelled.
Parents of the expelled student are suing school district for free speech, and also citing the 8th amendment because expulsion is apparently cruel and unusual punishment.
They are also charging the school district under the No Child Left Behind act, because the education at the Alternative school is not as good as it is at Germantown.
I'm torn here - the girl who sent the nude pics of herself is a moron. But posting them from school to a public page is moronic as well.
Thoughts?
This post was edited on 9/22/14 at 11:05 am
12
Posted on 9/22/14 at 11:07 am to anc
quote:there's your problem
Mississippi
Posted on 9/22/14 at 11:07 am to anc
quote:
Parents of the expelled student are suing school district for free speech, and also citing the 8th amendment because expulsion is apparently cruel and unusual punishment.
They are also charging the school district under the No Child Left Behind act, because the education at the Alternative school is not as good as it is at Germantown.
IMO, seems like 3 moronic stances to take.... However, if the student didn't do it while in school, via school machines, etc... Then I don't see how the student can be expelled.
However, I think they could be criminally charged with child porn
Posted on 9/22/14 at 11:11 am to anc
quote:
On or about January 27, 2014, J.B., using his home computer while at his home established an Instagram page which he entitled "Germantown Whores". The following day, January 28, 2014, J.B. was attending class at Germantown High School and during the break from one of his classes, he uploaded a copy of the nude photograph of the female student to the Instagram Page entitled "Germantown Whores.
If the kid uploaded and posted the image while at school, especially if he used their internet networks, he should have been expelled.
Posted on 9/22/14 at 11:18 am to anc
Everyone involved is stupid, but that's not a surprise.
With regards to the expelled student, I'd say that the act is stupid but not enough to warrant expulsion.
Suspend the kid for a while, put some other administrative punishments on him, but leave him at the main HS unless he does something else while on probation.
A prank in the same ballpark, but not exactly like this, was enough to get a student suspended for a week or two at my school but not expelled. They just happened to withdraw and go somewhere else rather than return.
With regards to the suit, I think both challenges fail if they're going to poise this on the 8th Amendment and NCLB.
They're better off trying to parse technicalities on the punishment put on the kid to show that the principal overstepped their bounds by punishing the kid for Instagram stupidity in the same manner as if he'd brought a gun to school.
With regards to the expelled student, I'd say that the act is stupid but not enough to warrant expulsion.
Suspend the kid for a while, put some other administrative punishments on him, but leave him at the main HS unless he does something else while on probation.
A prank in the same ballpark, but not exactly like this, was enough to get a student suspended for a week or two at my school but not expelled. They just happened to withdraw and go somewhere else rather than return.
With regards to the suit, I think both challenges fail if they're going to poise this on the 8th Amendment and NCLB.
They're better off trying to parse technicalities on the punishment put on the kid to show that the principal overstepped their bounds by punishing the kid for Instagram stupidity in the same manner as if he'd brought a gun to school.
Posted on 9/22/14 at 11:32 am to anc
Suit should get thrown out.
Girl is stupid, expelled student is stupid, parents of expelled student are stupid.
The child is dumb, he should fit in well.
Girl is stupid, expelled student is stupid, parents of expelled student are stupid.
quote:
They are also charging the school district under the No Child Left Behind act, because the education at the Alternative school is not as good as it is at Germantown.
The child is dumb, he should fit in well.
Posted on 9/22/14 at 1:25 pm to anc
quote:
Parents of the expelled student are suing school district for free speech, and also citing the 8th amendment because expulsion is apparently cruel and unusual punishment.
Posted on 9/22/14 at 1:26 pm to anc
quote:
Parents of the expelled student are suing school district for free speech, and also citing the 8th amendment because expulsion is apparently cruel and unusual punishment.
Well, is the girl a minor?
If so, he's lucky he's not going to jail as a sex offender.
And for the record, I really have no sympathy for ANYBODY who sends out nudes on a cellphone and later has them put on the internet for the world to see.
Posted on 9/22/14 at 1:30 pm to anc
He shouldn't have been expelled but the little shite should face some kind of penalty. And if the girl was a minor, he's is very lucky the charges weren't more severe.
This post was edited on 9/22/14 at 1:31 pm
Posted on 9/22/14 at 1:58 pm to anc
He did it on school property, thus the school has that level of jurisdiction to suspend or expel. Case closed, the parents suck for playing this game instead of adding their own punishment on top of this.
The end.
The end.
Posted on 9/22/14 at 1:59 pm to anc
Not an attorney, just my thoughts here.
If the kid uploaded the pic during the school day, that is probably enough to cause punishment, especially if the school has a rule against using social media or cell phones during the school day. If he actually used a school network to go it, they definetly can punish him, as every school system has rules against that.
If the girl is a minor... there are all sorts of other legal issues here... but I'm not sure one selfie or one post of selfie should result in being labled a sexual predator, etc.
Expulsion seems extreme here. A multi day suspension followed by probation makes more sense to me.
If the kid uploaded the pic during the school day, that is probably enough to cause punishment, especially if the school has a rule against using social media or cell phones during the school day. If he actually used a school network to go it, they definetly can punish him, as every school system has rules against that.
If the girl is a minor... there are all sorts of other legal issues here... but I'm not sure one selfie or one post of selfie should result in being labled a sexual predator, etc.
Expulsion seems extreme here. A multi day suspension followed by probation makes more sense to me.
Posted on 9/22/14 at 2:34 pm to anc
I have 2 humorous anecdotes, but nothing to contribute intellectually to the thread.
1. When I was in HS some of my friends got ahold of a picture that 3 girls posed topless in a hot tub in (all 17+). They got a screenprint and made tshirts and wore them as undershirts. Principal tried to get them suspended on it. Was unable because they did it outside of school, was not visible, girls were of age, and did not use school property for it. So they changed dress codes to say undershirts must have no screenprinting on it.
2nd one was when I was a network admin for a school district. Somebody made an Instagram feed called "Hot sluts of 3nout's employer's High School." Just pics of girls from the HS in bikinis.
We had given all students iPads and I was the Internet and app manager. So I got the happy job of figuring out who was loading the pics and if it was happening on school iPads. I was able to trace that the images were uploaded from an iOS device and that they weren't loaded from behind our firewall. The principal asked me to call Instagram and have them removed. I laughed and said that there's no way we can do that. It violates freedom of speech (us as a government entity) and Instagram's privacy policy. She demanded I do it anyways and I conferenced her in with facebook/Instagram and laughed profusely when they told her to kick dirt.
1. When I was in HS some of my friends got ahold of a picture that 3 girls posed topless in a hot tub in (all 17+). They got a screenprint and made tshirts and wore them as undershirts. Principal tried to get them suspended on it. Was unable because they did it outside of school, was not visible, girls were of age, and did not use school property for it. So they changed dress codes to say undershirts must have no screenprinting on it.
2nd one was when I was a network admin for a school district. Somebody made an Instagram feed called "Hot sluts of 3nout's employer's High School." Just pics of girls from the HS in bikinis.
We had given all students iPads and I was the Internet and app manager. So I got the happy job of figuring out who was loading the pics and if it was happening on school iPads. I was able to trace that the images were uploaded from an iOS device and that they weren't loaded from behind our firewall. The principal asked me to call Instagram and have them removed. I laughed and said that there's no way we can do that. It violates freedom of speech (us as a government entity) and Instagram's privacy policy. She demanded I do it anyways and I conferenced her in with facebook/Instagram and laughed profusely when they told her to kick dirt.
This post was edited on 9/22/14 at 2:36 pm
Posted on 9/22/14 at 3:53 pm to anc
quote:Agree with the school's action for him. What action did they take against the girl?
Thoughts?
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