The ACLU needs to stay out of stuff like this. She's a spoiled brat who - instead of working out the situation with her teacher - "made her grand statement" and got punished for it. And now she's filing a lawsuit because she got punished? Grow up little girl, and face the real world.
Re streamingvideofreak: Why yes comrade, you are correct. Expressing yourself in such a manner is clearly a sign of mental illness. You should always conform to the views and actions of your superiors. She should be sent to political reeducation until she is well. Clearly she does not realize that there are no incompetent teachers or officials in our workers paradise.
In the real world, people are allowed to say what they want as long as they don't go out of their way to harass this teacher. In this case, if she has a difference of opinion about the curriculum, she has every right to voice it as long as she doesn't approach the teacher with it electronically. And how exactly would you suggest she work it out with the teacher in the first place? In some cases, the teacher is not right. This student, as an honor student, clearly had earned enough recognition through effort, so you calling her a "little girl" who needs to "face the real world" downplays the chance that she DOES have the right to have an opinion.
Well unfortunately we don't have enough info. If the page was defaming then the kid's wrong. If its just venting then the school's wrong.
Though I do suspect the kid is a brat. She sounds like a typical teen who couldn't get what she wanted so she pouted to the web. In general, if a kid is arguing with a teacher on assignments it more than likely is the kid who is wrong. She probably has the same level of issues with her parents. Teachers, while not always right is usually a whole lot more right than a high school kid who thinks they understand the world more than anyone else. Everyone knows teens like that. Plus, what ever happened to showing respect to the teacher. You need to do that first without question before you can challenge them.
She created a page, it did'nt work like she thought, she took it down. Lesson learned. But wait, the machine kicked in and suspended her anyway.
That the thing about the real world. There are consequences. She got hers, the shool is getting theirs. I've had run in with my kids principal over homework. When I asked for clarification on what seemed like nonsence the princiapl pointed me to a policy on dress code. That helped.
I hope the teacher creates a Facebook page titled "Katherine Evans: The Worst Student I've Ever Had".
Leave that page up for a few months and see what response it gets.
A little girl mad at her teacher has to take her argument to the public. I've seen it before. Spoiled students that think they are always right and won't admit when they're wrong. Then when they get a poor mark because of their attitude they blame everyone but themselves.
I remember in college I had to partner with some guy I didn't like. I asked to be reassigned someone else 'cause I thought the guy was an a$$, but the instructor told me (quite rightly) that I would have to make due with him as a partner. He told me one of the things college is there for is to prepare you for the real world, and there are lots of a$$es in the real world and I should get used to it.
This is a lesson this little girl obviously has not yet learned.
You are a scary, scary person, streamingvideofreak. Read the Constitution. You don't have to read the whole thing - the First and the Fourteenth amendments will suffice.
People have a right to criticize. They ESPECIALLY have a right to criticize government employees.
It's amusing that you use YOUR right to post comments on the internet but want to deny someone else the same right.
Spirited discussion! So far it has been suggested that:
1. I'm a communist 2. I'm a trampler of the Constitution 3. I have not read the Constitution 4. I think all teachers are perfect 5. I wish to deny someone else the right to post internet comments 6. I'm a scary, scary person (my favorite) :o)
Lawyers make a good living because we as a people cannot seem to work out our differences in a calm, rational manner - or even cut our losses and just walk away. Constitutional scholars also understand the ramifications of slander and libel.
Life is not always fair. I've had my share of ups and downs, and I would imagine so have all of you. I'm actually a pretty nice guy. I was an honor student in high school.
I do know that issues in life are rarely black or white ... and sometimes it takes careful, wise, well-thought-out maneuvering just to get from point A to point B successfully.
In my honest opinion: I think this young college woman is doing herself a great disservice by creating a firestorm that will come back to haunt her when she goes on the job search (unless she decides to work for the ACLU or a similar organization).
A potential employer will likely not even be aware of a school suspension, but a google search will alert that potential employer to the potential for a future lawsuit, thus overshadowing any good qualifications the woman may have.
"And now she's filing a lawsuit because she got punished? Grow up little girl, and face the real world."
You know what else is part of the real world? Lawsuits. If you don't agree with a result, one recourse is by legal means. Taking it to court doesn't always mean you'll win. But if you have the law on your side, the law is there to protect you. If you don't think having legal recourse is a real world aspect, or you disagree with using the legal system to resolve your differences, what other method would you suggest to get results? Face-to-face encounters that result in verbal spats? Real effective. She took her frustration to the public, just as many do via the media. What difference does it make if the media happens to be a social website? Because the school acted in a way that harms the plaintiff, she has every right to contest it in court. It doesn't mean she'll win, but that's her right.
Teachers dont need their reputation and respect tainted by some little girl. The teachers already dont get enough respect in this country. Now they cant even punish their students for talking **** about them?
Seriously, do you not understand what Free Speech is? It's the right to criticize, to annoy, to make a point even if it hurts an authority figure's feelings or ego. Its the right to say controversial things that the government (IE: School) cannot censor, remove, punish or ban. Its the freedom to speak the truth, without fear of repercussion. So it's no wonder that most American teenagers think the U.S. Government can regulate speech, they have been brainwashed by the public schools into believing that the restrictions placed upon them at school apply to the larger American society, which is completely untrue. However, try explaining this to modern student who has no concept of Constitutional Law, and it becomes clear that in 50 years, that Constitution will simply be a piece of paper that, while once important, is now irrelevant because far too many American's were far too stupid to understand what it meant to them and instead traded "security" and "safety" for Freedom. As was said long ago, "Those who would give up their freedom for security, deserve neither". And this is exactly what has been done in modern America.
Its messed up that we believe freedom of speech is such a right that a person can say whatever they feel like. The secondary part where you have to be responsible for what you say is totally ignored these days. Everyone will come right out and say "Its a free country I can say and do what I want" but in reality most of the time they're being a pain in the rear rather than understanding exercising their rights.
This is why kids are such lunatics in school because they are empowered to believe they are invincible and that they can sue the teacher and school whenever they disagree with a kid. ITS A KID helo ?!?!?!? They have no real world common sense. They don't pay bills. They feel entitled to stuff and they have no respect for other people. Then they grow up to be adults with no respect for other people and everyone is afraid to do anything about it because they get sued. I'm sick of stupid parents who coddle their brats and who don't realize their kid is a brat.
Lets review.
She put out a page. It didn't work like she anticiapted or thought better of it and pulled it. In other words she grew up and shut up.
Then the school seeing that she had grown up and shut up and pulled the page decided that they would make it a federal case and suspend her because they didn't grow up and shut up.
Small town, kids driving around on a Friday night, me with my girlfriend in the third seat of a station wagon. Suddenly one of the guys suggests we should egg some teachers' houses. Not only are we two not vandals, we're both on great terms with all our teachers. I tell the others that we aren't joining in, so she and I stay in the car. This repeats a few times until we get to a place with street lights and close enough to walk home. We do. Cue music for after-school special about standing up to peer pressure. But wait?
Next day, my English honors teacher hands me my essay back with an F on it. At the top it says, "I can't imagine someone with your vocabulary participating." I wait after class to explain, but she refuses to listen or talk to me.
At the grocery where I work after school, another teacher's husband comes in and physically jacks me up, while all the time screaming in my face. Embarrassing and scary. And in all ways incorrect, but who's going to believe me. I'm just another spoiled, rotten kid who deserves a good lesson [his words]. I'm 60 years old now and have never forgotten his lesson: that some adults are as capable of poor judgment, unsubstantiated conclusions, and irrational rage as those they bully for being immature. And that before you demand to be respected, you've got to be respectable.
If you're not a top student, it doesn't really matter that your teachers are not well-educated, dedicated and fair. The top students in a high school need to be treated fairly and with respect - they're typically smarter and more perceptive than their teachers. Most of them will not, therefore, end up teaching. Not enough respect? If the bus drivers did as poor a job as the teachers, the highways would be running with blood and the drivers, not the students, would all be kicked out.
To have a dislike for a teacher and tell your fellow students that is one thing. To create a facebook page for the world to see is another. It can be defamation or slander if bad things are publicly said on such a page. How would the student react if the teacher created a page saying that she was the worst student ever and no college should admit her? It is stupid to put all your feelings on a web page -- it can have very negative consequences on yourself and others.
Perhaps. But consider if you created a Facebook page to support an unpopular topic. For the sake of argument, healthcare. In it, you state how the insurance lobby is hurting the US. An insurance company finds out about it and contacts your employer, whom they do business with. You are suspended.
How does this differ from passing out printed flyers? Could you be suspended from school for attending a rally that is not popular at the school?
That is why I mad the facetious remarks about mental illness and needing political reeducation. There is a big difference between threatening to harm someone and opposing their views.
It is long established precedent that if the accusations are found to be true that it is neither slander nor libel. There was a case in the Colonies (which became the US) in the 1730s, which involved a person named John Peter Zenger. He had made written accusations regarding abuses by the governor of his colony and was sued for libel- the accusations were later found to be true, and Zenger was found not guilty by the jury-this established a very good precedent that continues to be held up in the words of the First Amendment. Though the days of the printing press (especially with the advent of the WWW and things like Web 2.0) likely are numbered, the same rights and freedoms echoed in our constitution do not end with the end of the printed (on paper) word. If the printed word died and the Internet took over, still people can complain against abuse by those who ought be trusted by the public. If this right is lost, God forbid, we will be no better arguably than China, with its draconian laws against freedoms too many of us in the USA take for granted. And another note: people have a right to express disapproval with people-and the article specifically said that the content was 'nonthreatening', meaning harm wasn't intended.
The judge dealt specifically with the issue when the principle attempted to have the case dismissed citing possible defamation saying, "a statement of pure opinion does not give rise to a defamation action."
It's slander or defamation only if she's saying false information, but if she's simply saying that, to her, this was her worst teacher, then that's very protected speech. I say nothing about her disparaging the teacher's professional ability, nor did I see anything about her lying about the teacher. In fact, it seems that she took down the page in response to others' posts. Would it make you feel better if she put this in a diary? Or would you cry libel?
The same rules apply for the teacher who is also free to create a similar page. Mudslinging doesn't help anyone. It may have been better if she had taken up the matter further with the school board or school district rather than just suing over it.
That being said, free (non-threatening) speech is protected by the constitution.
To have the technical right to do something, and to exercise that right are different things. Most every teacher will be disliked by at least 3-4 students out of a class of 30. So any time you dislike someone, start a public web page criticizing them? Every teacher will have a page saying how much they suck. And a teacher cannot start a page saying how dumb a student is because it is not professional? It makes no sense that students have no responsibility while teachers do. That means that students are free to blackmail teachers at will. If you don't give me the grades I want, I will start a webpage saying you suck. It it is a truly criminal or abusive situation, this kind of action may be ok. Not liking a teacher does not warrant such behavior. Again, what if teacher started a page stating her opinion that the student was no good, and the student was denied admission to a university as a result? The teacher may have the technical right to state her opinion, but it would be unwise to do so, and the same goes for the student.
This seems kind of gray to me... School isn't really "government" and the government are the only ones who are constitutionally disallowed from stifling free speech. You can get fired from a job for something you post about your work and have no legal recourse. How is this any different?
'This seems kind of gray to me... School isn't really "government" and the government are the only ones who are constitutionally disallowed from stifling free speech.'
Really...?
I live in California. My wife is a public school teacher.
Her paycheck is issued by the county Superintendent of Schools. She is paid out of the state budget.
What I want to know is if it's OK for the teacher to create a face book page or web site saying that Katherine Evans is the worst student she ever had and invited other teachers and students to chime in and say how dumb and stupid she is. Perhaps posting her poorly written papers too? I'm all for free speech and think the student should be able to post her page. At the same time, her teacher should also be able to post a page saying how dumb the student is and should not fear being sued.
If she was careful and only put her opinion, then, yes, she would have that right. If she posted papers (which are school, and therefore gov't documents), then that's another animal. Last I heard, it wasn't against the law to say you don't like someone.
The lawsuits are just beginning regarding social media. There will be many more to come. Students complain about teachers everyday and vise versa. She probably shouldn't have been suspended for an opinion. However, there may have been some defaming material on the page (I have no idea). If that was the case the school has every right to suspend her.
In the past, the courts have only had to deal with issues like this when they pertained to school sanctioned events or things that happened on school property. I think the real question here is , due schools have the authority to regulate and punish what our children do on there own time and away from school. While there is some precedence were schools work to seep into our students daily home lives, like drug testing athletes, this is in exchange for being able to participate in sports. Reference cases for what are often considered "School-speech" test cases are :
Tinker v. Des Moines Independent Community School District Fraser Hazelwood Morse v. Frederick
I would argue that because this student took actions outside of school, in her own home, was neither threatening or slanderous (worst teacher i ever had is a matter of her opinion, she is being slanderous just stating her opinion, good luck trying to prove that that was not her opinion in court ) that the school should not be empowered to take any action against the student. When we as adults, set out to shut down the opinions and comments of those we are trying to mold into good people and citizens then we are failing miserably. The first amendment was created for exactly this purpose, to protect those who wish to express and unpopular view or opinion, with out the fear of repercussions. While she could of handled the situation better, I would chalk that up to being a kid. The school on the other hand, just looks scared in this situation. I mean what would happen if our young adults were actually allowed to express their thoughts and opinions about those charged with educating them. Maybe people might start looking for ways to do their jobs better........
Funny how this girl gets suspended for "cyberbullying" a teacher....one must wonder....if this girl was being "cyberbullied" by her peers at the same school would those students have also been suspended? Sounds like a principal being dumb for a teacher friend to me. Also....since when can schools discipline students for actions that happen off school grounds outside of school hours?
If its about free speech, why not just let the teacher express THEIR views of this student in a similar Facebook page? I mean, if you are going to chastise a student for publicly besmirching the character of a teacher, why not offer the same recourse for the teacher? I mean, there are bad teachers and spoiled students everywhere - why should anyone pick sides without knowing the whole story?
Turn it into an online pissing match, Free Speech For All....in the end, the student gets a bad grade in her high school english class, and a teacher has yet another student cry foul. Wait until this student discovers college and work is VERY political, and her rights rarely count against corporate capitalism.
The problem is the knee-jerk reaction of the school, not the Student voicing their opinion and frustration as guaranteed by the 1st amendment. That's where it starts and that's where it ends - the rest of the argument is personal conjecture.
There are a lot of teachers out there who are not very smart. In the state I live in, you only have to have a 2.8 GPA to get a teaching certificate. That is a low "C". There are a lot of kids out there who are much smarter than that. Just because a person has chosen to teach school, does not mean they don't have to earn respect. My son's last English teacher wrote many comments on his work that were incomplete sentences, that contained misspelled words and street slang. She also proved herself a liar on more than one occasion. I am not going to encourage my son to respect this person's intellect, especially when he is in the top two percent in the nation in grammar and vocabulary. That would be counter productive when I want him to continue to build his intellect. Teachers are just as human as anyone else and subject to playing favorites, petty prejudices and bad days as the rest of us. They are not the exception. They are paid with our tax dollars and should be held to a higher standard, if anything. At least a higher standard than a low "C".
Hey hollywood stars do exactly what the teacher and principle did allthe time and everyone rules in their favour, if someone has a free go at my character or professional ability in a public forum then I would also expect to be able to disipline them.
What this child doesn't understand is respect. Even though she is 19, I still use the term child. She has no idea how the world works yet. She may not have liked her teacher, but she must still have respect for her. If this teacher had committed a similar act, she would have been fired.
First off I will admit that my opinion is biased because I am a high school honor roll senior, Facebook user, an American, and someone that aspires to be a lawyer.
I can personally relate to the situation that Katherine Evans had with her teacher. All schools have good, average, and bad teachers. Unfortunately, the bad teachers are usually the ones with the most complaints, but being the bad teachers, they ignore the comments of the students. In order to get an opinion heard it can sometimes take directly addressing the problem with a principal, but in a school with hundreds, if not thousands of students, making an appointment can almost be impossible. It took me failing the class and than acing it the next semester with a different teacher to get the school to even notice my plight.
While venting online is a common occurrence it always has the possibility of coming back to haunt you. The school does have a right to defend their teacher's reputation, but not if it means stifling someone's freedom of speech. The fact that Katherine Evans took down her Facebook group after a few days shows that either she cooled down over time or someone pointed out to her that her logic in being angry was flawed. At most the school should have the power to REQUEST that she removed the material. Since their punishment was enforced two months later it would seem that the school was not even aware of the page.
Though Katherine does have the right to file a lawsuit, the nominal fee seems to be a bit much. She got into a college so it must not have inhibited her too much. The desire to have the suspension expunged from her record seems to be more of a "I don't want this to happen to anyone else," thought than it is about preventing future negative ramifications. This case will end up setting a better precedent on the rights of schools to hinder cyber freedom of speech whether Katherine wins or loses it.
It's going to take hindsight (several years worth -- put it on your calendar, and come back later) to see what the "meaningful" bits of this case turn out to have been. In the meantime, consider YOUR own credibility: in the absence of significant information, people are jumping to conclusions every which-a-way, complete with knee-jerk reactions and personal agendas -- in the realm of "educational opportunity", most people here are "failing the quiz".
The jack-booted teacher in the movie "Matilda" is not TOTALLY a fictitious creation -- any instructor who takes the "break their spirit" approach to education warrants an equal-but-opposite response, whatever it takes. In the spirit of "Equal time", the fact of Ms Evan's "honor student" status doesn't automatically give her a "pass" in the context of "possibly immature and/or spoiled", but does engender some credibility re: her attempting to establish her opinion as more than a simple "contest of wills", or "battle of wits" (note the intrinsic assumption that both participants qualified as "armed").
Seems to me that Ms. Evans DID in fact benefit from her overall educational experiences, and I sincerely doubt that any future employer is going to CARE, to feel concern that some propensity for litigation has revealed its ugly face -- if anything, a willingness to pursue a goal, use all available tools, and evaluate intermediate results realistically (re taking the site down when the dynamic involved diverged from her original intentions) in the face of considerable external pressures, might be seen as reasonable justification for further consideration, not for rejection.
Filtering out the chaff: Like any other meaningful analysis of "actual impact", citations of this case in future internet "free speech" cases will become the metric for judgment -- whether the judge's decision DID clearly extend the protection of First Amendment rights to online writings as a coherent and useful precedent.
What WE think about it -- heh -- probably won't matter. But if it ever DOES, you'll be subpoenaed then.
As far as I can remember students were graded on their attitudes, they were graded on their academics. Maybe in college they are, but not in any schooling before that point.
PBS is giving users of its app for iPad, iPhones and iPods an early viewing of its documentary on former U.S. President Bill Clinton, a week ahead of its airing.
Tommy Jordan, the man who shot his daughter's laptop for YouTube, gets a visit from police and child protection services. Oh, and Good Morning America.
The Samsung Galaxy Mini 2 S6500 could make its debut at the Mobile World Congress in Barcelona later this month, according to a leaked promotional image.
RIM isn't doing much to innovate its handset designs, so maybe it should call up designer John Anastasiadis, who has a pretty interesting concept for a BlackBerry.
Looks like the school - and teacher - will get what they deserve by overracting - if it was a 'nonthreatening' page to begin with.
Why yes comrade, you are correct. Expressing yourself in such a manner is clearly a sign of mental illness. You should always conform to the views and actions of your superiors. She should be sent to political reeducation until she is well. Clearly she does not realize that there are no incompetent teachers or officials in our workers paradise.
Though I do suspect the kid is a brat. She sounds like a typical teen who couldn't get what she wanted so she pouted to the web. In general, if a kid is arguing with a teacher on assignments it more than likely is the kid who is wrong. She probably has the same level of issues with her parents. Teachers, while not always right is usually a whole lot more right than a high school kid who thinks they understand the world more than anyone else. Everyone knows teens like that. Plus, what ever happened to showing respect to the teacher. You need to do that first without question before you can challenge them.
That the thing about the real world. There are consequences. She got hers, the shool is getting theirs. I've had run in with my kids principal over homework. When I asked for clarification on what seemed like nonsence the princiapl pointed me to a policy on dress code. That helped.
Leave that page up for a few months and see what response it gets.
A little girl mad at her teacher has to take her argument to the public. I've seen it before. Spoiled students that think they are always right and won't admit when they're wrong. Then when they get a poor mark because of their attitude they blame everyone but themselves.
I remember in college I had to partner with some guy I didn't like. I asked to be reassigned someone else 'cause I thought the guy was an a$$, but the instructor told me (quite rightly) that I would have to make due with him as a partner. He told me one of the things college is there for is to prepare you for the real world, and there are lots of a$$es in the real world and I should get used to it.
This is a lesson this little girl obviously has not yet learned.
People have a right to criticize. They ESPECIALLY have a right to criticize government employees.
It's amusing that you use YOUR right to post comments on the internet but want to deny someone else the same right.
So far it has been suggested that:
1. I'm a communist
2. I'm a trampler of the Constitution
3. I have not read the Constitution
4. I think all teachers are perfect
5. I wish to deny someone else the right to post internet comments
6. I'm a scary, scary person (my favorite) :o)
Lawyers make a good living because we as a people cannot seem to work out our differences in a calm, rational manner - or even cut our losses and just walk away. Constitutional scholars also understand the ramifications of slander and libel.
Life is not always fair. I've had my share of ups and downs, and I would imagine so have all of you. I'm actually a pretty nice guy. I was an honor student in high school.
I do know that issues in life are rarely black or white ... and sometimes it takes careful, wise, well-thought-out maneuvering just to get from point A to point B successfully.
In my honest opinion:
I think this young college woman is doing herself a great disservice by creating a firestorm that will come back to haunt her when she goes on the job search (unless she decides to work for the ACLU or a similar organization).
A potential employer will likely not even be aware of a school suspension, but a google search will alert that potential employer to the potential for a future lawsuit, thus overshadowing any good qualifications the woman may have.
You know what else is part of the real world? Lawsuits. If you don't agree with a result, one recourse is by legal means. Taking it to court doesn't always mean you'll win. But if you have the law on your side, the law is there to protect you. If you don't think having legal recourse is a real world aspect, or you disagree with using the legal system to resolve your differences, what other method would you suggest to get results? Face-to-face encounters that result in verbal spats? Real effective. She took her frustration to the public, just as many do via the media. What difference does it make if the media happens to be a social website? Because the school acted in a way that harms the plaintiff, she has every right to contest it in court. It doesn't mean she'll win, but that's her right.
She needs to grow up, and shut up.
Teachers dont need their reputation and respect tainted by some little girl. The teachers already dont get enough respect in this country. Now they cant even punish their students for talking **** about them?
This is why kids are such lunatics in school because they are empowered to believe they are invincible and that they can sue the teacher and school whenever they disagree with a kid. ITS A KID helo ?!?!?!? They have no real world common sense. They don't pay bills. They feel entitled to stuff and they have no respect for other people. Then they grow up to be adults with no respect for other people and everyone is afraid to do anything about it because they get sued. I'm sick of stupid parents who coddle their brats and who don't realize their kid is a brat.
She put out a page. It didn't work like she anticiapted or thought better of it and pulled it. In other words she grew up and shut up.
Then the school seeing that she had grown up and shut up and pulled the page decided that they would make it a federal case and suspend her because they didn't grow up and shut up.
Next day, my English honors teacher hands me my essay back with an F on it. At the top it says, "I can't imagine someone with your vocabulary participating." I wait after class to explain, but she refuses to listen or talk to me.
At the grocery where I work after school, another teacher's husband comes in and physically jacks me up, while all the time screaming in my face. Embarrassing and scary. And in all ways incorrect, but who's going to believe me. I'm just another spoiled, rotten kid who deserves a good lesson [his words]. I'm 60 years old now and have never forgotten his lesson: that some adults are as capable of poor judgment, unsubstantiated conclusions, and irrational rage as those they bully for being immature. And that before you demand to be respected, you've got to be respectable.
How does this differ from passing out printed flyers? Could you be suspended from school for attending a rally that is not popular at the school?
That is why I mad the facetious remarks about mental illness and needing political reeducation. There is a big difference between threatening to harm someone and opposing their views.
How would the student react of the teacher broke every rule in the book of being a professional teacher? Good question.
That being said, free (non-threatening) speech is protected by the constitution.
'This seems kind of gray to me... School isn't really "government" and the government are the only ones who are constitutionally disallowed from stifling free speech.'
Really...?
I live in California. My wife is a public school teacher.
Her paycheck is issued by the county Superintendent of Schools. She is paid out of the state budget.
How is she not a government employee?
Tinker v. Des Moines Independent Community School District
Fraser
Hazelwood
Morse v. Frederick
I would argue that because this student took actions outside of school, in her own home, was neither threatening or slanderous (worst teacher i ever had is a matter of her opinion, she is being slanderous just stating her opinion, good luck trying to prove that that was not her opinion in court ) that the school should not be empowered to take any action against the student. When we as adults, set out to shut down the opinions and comments of those we are trying to mold into good people and citizens then we are failing miserably. The first amendment was created for exactly this purpose, to protect those who wish to express and unpopular view or opinion, with out the fear of repercussions. While she could of handled the situation better, I would chalk that up to being a kid. The school on the other hand, just looks scared in this situation. I mean what would happen if our young adults were actually allowed to express their thoughts and opinions about those charged with educating them. Maybe people might start looking for ways to do their jobs better........
Turn it into an online pissing match, Free Speech For All....in the end, the student gets a bad grade in her high school english class, and a teacher has yet another student cry foul. Wait until this student discovers college and work is VERY political, and her rights rarely count against corporate capitalism.
Move along.
I can personally relate to the situation that Katherine Evans had with her teacher. All schools have good, average, and bad teachers. Unfortunately, the bad teachers are usually the ones with the most complaints, but being the bad teachers, they ignore the comments of the students. In order to get an opinion heard it can sometimes take directly addressing the problem with a principal, but in a school with hundreds, if not thousands of students, making an appointment can almost be impossible. It took me failing the class and than acing it the next semester with a different teacher to get the school to even notice my plight.
While venting online is a common occurrence it always has the possibility of coming back to haunt you. The school does have a right to defend their teacher's reputation, but not if it means stifling someone's freedom of speech. The fact that Katherine Evans took down her Facebook group after a few days shows that either she cooled down over time or someone pointed out to her that her logic in being angry was flawed. At most the school should have the power to REQUEST that she removed the material. Since their punishment was enforced two months later it would seem that the school was not even aware of the page.
Though Katherine does have the right to file a lawsuit, the nominal fee seems to be a bit much. She got into a college so it must not have inhibited her too much. The desire to have the suspension expunged from her record seems to be more of a "I don't want this to happen to anyone else," thought than it is about preventing future negative ramifications. This case will end up setting a better precedent on the rights of schools to hinder cyber freedom of speech whether Katherine wins or loses it.
The jack-booted teacher in the movie "Matilda" is not TOTALLY a fictitious creation -- any instructor who takes the "break their spirit" approach to education warrants an equal-but-opposite response, whatever it takes. In the spirit of "Equal time", the fact of Ms Evan's "honor student" status doesn't automatically give her a "pass" in the context of "possibly immature and/or spoiled", but does engender some credibility re: her attempting to establish her opinion as more than a simple "contest of wills", or "battle of wits" (note the intrinsic assumption that both participants qualified as "armed").
Seems to me that Ms. Evans DID in fact benefit from her overall educational experiences, and I sincerely doubt that any future employer is going to CARE, to feel concern that some propensity for litigation has revealed its ugly face -- if anything, a willingness to pursue a goal, use all available tools, and evaluate intermediate results realistically (re taking the site down when the dynamic involved diverged from her original intentions) in the face of considerable external pressures, might be seen as reasonable justification for further consideration, not for rejection.
Filtering out the chaff: Like any other meaningful analysis of "actual impact", citations of this case in future internet "free speech" cases will become the metric for judgment -- whether the judge's decision DID clearly extend the protection of First Amendment rights to online writings as a coherent and useful precedent.
What WE think about it -- heh -- probably won't matter. But if it ever DOES, you'll be subpoenaed then.