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December 9, 2008 11:59 PM PST

Teen sues after suspension for Facebook-hating teacher

by Chris Matyszczyk
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Katherine Evans, an 18-year-old from Pembroke Pines, Fla., thought her English teacher, Sarah Phelps, was "the worst teacher I've ever met."

As any fine, young citizen of the 21st century does, she thought it aloud on Facebook.

The principal of Pembroke Pines Charter High School, Peter Bayer, didn't think much of her thoughts. He suspended her for "bullying and cyberbullying harassment towards a staff member.''

So, now that she is all grown up and in college, Evans has decided to sue--with the help of the American Civil Liberties Union. The lawsuit claims that Katherine's First Amendment rights were violated. You know, the ones about the "free and unfettered exchange of ideas and opinions in the public arena."

As with so many social-networking lawsuits these days, I find myself teetering on the edge of bemusement.

(Credit: CC Jakob Botter)

When she put her comments on Facebook, Evans invited other classmates to join in the dislikefest. Instead, several posted in support of the teacher. One even suggested to Evans: "Whatever your reason for hating (Sarah Phelps) are, they are probably very immature."

Oh, we never grow out of immaturity. Really we don't.

However, after a couple of days and, it seems, little support, Evans took the comments down. This didn't prevent her from being suspended for three days and removed from her Advanced Placement English class. You know, the one with the horrible/lovely teacher.

Still, Evans is now attending the University of Florida. Presumably she wanted to be a Gator not a hater, so how was she really harmed by the suspension?

And why did she choose this moment to file a lawsuit? Her lawyers say her aim is to get the suspension removed from her academic record, as a potential future employer might not look kindly on cyberbullying.

Can it be just that? Or could it be that Katherine's ego needs a little win? After all, she will now be far more famous for the lawsuit than she was for the suspension. And anyone looking to hire her in the future will Google her and discover the alleged cyberbullying anyway.

One might also ask whether the school really needed to suspend her. In fact, did the three-day banishment show just a little touch of ego-flexing on the part of the principal? Strangely, it was two months after the Facebook posting that the suspension was announced. And if "the worst teacher I've ever met" was the worst thing posted, one imagines that it might not have been the worst thing the principal has ever heard.

Now both parties find themselves in Legaland--where no one has fun, even when they've won.

My teachers were all lovely. Except for Mr. Craig, the math teacher. I think he's dead now.

Chris Matyszczyk is an award-winning creative director who advises major corporations on content creation and marketing. He brings an irreverent, sarcastic, and sometimes ironic voice to the tech world. He is a member of the CNET Blog Network and is not an employee of CNET.
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by GlennAllen December 10, 2008 1:23 AM PST
(1) The term "cyberbullying" is an oxymoron (a physical impossibility--when having an opinion and expressing it becomes "bullying" then individualism becomes a crime... suspending a student for expressing an opinion in "cyberspace"? now that's bullying). (2) Since when did high school students EVER have civil rights (among them freedom of speech)?

The teacher may or may not have been "the worst", but the principal certainly is (and no "pal" to any student).
Reply to this comment
by dwchristison December 10, 2008 4:48 AM PST
How did the school find out she made the comment on facebook?! Facebook was made for teenagers NOT adults! Teachers don't need to be surfing facebook trying to find approval ratings on themselves or fellow staff members.
Reply to this comment
by adasha76 December 10, 2008 6:02 AM PST
"Facebook was made for teenagers NOT adults!"

The Internet was made for adults, not teenagers.
by CoffeeZombie December 10, 2008 6:49 AM PST
adasha76 FTW!
by faboumen December 10, 2008 6:51 AM PST
"The Internet was made for adults, not teenagers."

And yet adults on the Internet act like teenagers. Wait, I'm confused.
by sullivanjc December 10, 2008 10:35 AM PST
Facebook was initially made for Harvard students, many of whom are not teenagers and most of whom are 18 or older. It was then expanded to other colleges and universities and *then* to high school age before being opened to all over 13. It was not "made for teenagers".

That said, unless there were physical, terroristic threats made or there were errors of *fact* that involved the school (grounds for libel), the school had no right to make any issue of it. If the student was merely expressing an opinion, I certainly hope the courts will render a very public "spanking" to the school.
by Dalkorian December 10, 2008 11:59 AM PST
Directly from the article ...

"When she put her comments on Facebook, Evans invited other classmates to join in the dislikefest."

I assumed that's how the teacher (and subsequently the "school", or it's principal more accurately) heard about it. Notice though there was a lot left out of this article, like what was posted that was so bad to deserve suspension. I doubt if it was just a "worst teacher" comment, kids get more emotional than that.
by nolegirl December 10, 2008 6:02 PM PST
What happened was that after she posted it she invited some of our classmates, and former classmates. Some Alumni from the class of '07 and some from our class (i think 3 all together) weren't happy with Katie because they really liked Mrs. Phelps. They either emailed or called Mr. Bayer, and thats how it happened.
by rcardona2k December 10, 2008 5:10 AM PST
Probably an upstanding student reported it to Administration. Students need to focus on learning and that goes from bad teachers to excellent ones.
Reply to this comment
by adasha76 December 10, 2008 5:59 AM PST
This article needs the word OPINION in big letters at the top. Regardless of which side you take it certainly is not being reported as 'news' as the category suggests
Reply to this comment
by MSSlayer December 10, 2008 7:15 PM PST
This is a blog, and by definition an opinion piece.
by tacit December 10, 2008 6:23 AM PST
*shrug* Seems straightforward to me. She expressed a legally protected opinion in a way guaranteed to the citizens of this country, and a person in a position of authority who disagreed with her opinion retaliated. If we actually value a society that promotes free expression, rather than just mouthing nice-sounding words about how we like freedom, then the sort of behavior that the principal took needs to be addressed.

One common tendency of human beings is that we invent little stories in our heads to explain the motivations of other people. This is a very human trait; it's one of the ways that we make sense of the world. Your comments about her ego needing a little win are a great example of that; you don't agree with the lawsuit, so you invented a little story in your head to explain her motivations in a way that casts her in a bad light and affirms your distaste for her actions. You don't know her motivations, and neither do I; from the sound of the article, you've never met nor spoken to her.

Maybe her ego is smarting. Maybe it's not. Doesn't matter; what matters is that she was unreasonably disciplined for expressing a legally protected opinion, and she's taking a stand against that. Good for her.
Reply to this comment
by faboumen December 10, 2008 6:54 AM PST
What would have happened had she been overheard saying it aloud in the hallway at the school? Why should that be any different than posting it online?
Reply to this comment
by T543212345 December 10, 2008 7:20 AM PST
"Her lawyers say her aim is to get the suspension removed from her academic record, as a potential future employer might not look kindly on cyberbullying...."

Like any potential employer would pour over someone's high school academic record...I can't imagine their even having access to it....
Reply to this comment
by protagonistic December 10, 2008 8:13 AM PST
It would seem to me to be a very small step from being suspended for posting a negative comment on Facebook to being suspended for being overheard making that same comment in a mall or any other public place.

As one who has served in the military and been through one war defending the right of people to a dissenting opinion I have to side with the student on this one. The student is entitled to express her opinion of the teacher, especially when not even on school grounds, without fear of reprisal. From the article it does not appear that the remarks were even all that bad. The teacher and the principal need to grow up and start acting like adults here.
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by [RR]Macavity December 10, 2008 8:18 AM PST
I have one thing to say about this whole mess:

FACEPALM.JPG
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by man_w_balls December 10, 2008 8:28 AM PST
This case is a clear overstepping of boundaries. Facebook is private and public, but both are outside jurisdiction of that principal. The student is standing up for her Constitutional rights, and I applaud. Too many sheeple these days are content to let people in power wipe their feces on the Bill of Rights.
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by Heebee Jeebies December 10, 2008 9:27 AM PST
You go girl, they have no right to stop on your rights of free speech. If they teacher is horrible then maybe some poking in the side by students will help with get her in gear and doing better or off to a job more suited to her like McDonalds. Go girl!

Robert
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by CBattery December 10, 2008 9:33 AM PST
She's just looking for a little fame, just like every immature college kid and 'Joe The Plumber' wanna-be her age. She was never taught simple etiquette or manners, got spanked for it, and now years later is looking for some pub which she's obviously getting right here. Same story, different actors. Until there's a law against being an immature, loudmouthed idiot this kind of stuff will just go on and on and on.
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by DaveB1980 December 10, 2008 9:52 AM PST
Well, on one hand, she has the right to not like a teacher; hell, I had plenty of teachers I really didn't care for. She also has the right to express herself on her own Facebook page. However filing a lawsuit to get her suspension struck from her academic record is childish. Is her resume really so poor that she's afraid a tiny blemish on something that doesn't matter -- a HIGH SCHOOL record -- is going to tank her career aspirations? If that were the case, I'm sure a lot of the most successful professionals in America today didn't have pristine high school records.

...of course that isn't to say I think she'll be a successful professional. But of course that's my opinion; is she going to read this comment and sue *me* now?
Reply to this comment
by 0dd1 December 10, 2008 3:14 PM PST
Not-for-nothing, I agree with the person who said it's the same as if she said it to someone while IN school and said it IN PERSON AND VERBALLY EXPRESSING IT or if she wrote it on a piece of paper and passed it to someone.

For example, I was once talking to a person in my class about how my math teacher was seriously the worst ever and didn't actually teach. I didn't realize until I turned around that she was right behind me. She seemed generally unfazed--she was at another table (this was in the school library) and it didn't look like she was about to get up and come to me and give me a beating--I mean, suspend me. And I was never punished for "bullying" this teacher either!! I'm such a bad boy!!
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by 3rdalbum December 11, 2008 6:05 AM PST
People really need to be more careful about what they say online. The people who you're talking about could very well be reading, and if this happens it WILL come back to haunt you.

I should know. I now have to heavily censor myself when writing things online, and I suggest everyone else do the same.
Reply to this comment
by SpiritMatter December 12, 2008 12:32 PM PST
I am reminded of Big Brother's favorite saying taught him by his Big Mother after a successful mouth and brain washing....."If you can't say anything nice, don't say anything at all."
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About Technically Incorrect

Chris Matyszczyk brings a fresh and irreverent perspective to the tech world in his CNET blog, Technically Incorrect. He is a member of the CNET Blog Network and is not an employee of CNET.

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