The Court Ruling I’ve Been Waiting For Since 2011

In a June 30 decision, B.L v. Mahanoy Area School District, the 3rd U.S. Circuit Court of Appeals  ruled that a Pennsylvania  high school violated a cheerleader’s First Amendment rights when it kicked the young woman off the squad for a message she had posted on SnapChat. A distruct court judge had ruled last year for the ex-cheerleader, whose  post pictured the teen and her friend holding up their middle fingers accompanied by the eloquent sentiment , “fuck school fuck softball fuck cheer fuck everything.” She was  upset because she had only made the junior varsity cheerleading squad, rather than the varsity team.

The ACLU of Pennsylvania argued the case for the girl, so at least sometimes the organization  still puts its partisan politics aside to do its traditional job of looking out for the First Amendment. The group called the ruling a “landmark decision,” finally barring schools from policing students’ off-campus speech using the claim that it might disrupt school activities.

The Supreme Court decision on campus speech, Tinker v. Des Moines Independent Community School District, did not apply to off-campus speech. Tinker held that student speech could be regulated by schools only if it would substantially disrupt school operations or interfere with the rights of others. That case involved a school disciplining students when they wore black armbands to class as a protest against the Vietnam War.

The 3rd Circuit majority ruled .“We hold today that Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,”

Because the teen’s speech was outside the school context, Tinker did not apply. The cheerleader’s speech “lies beyond the school’s regulatory authority,” the court said.

The ACLU’s  press release stated that the decision was important “because it recognizes that students who are outside of school enjoy full free speech rights, not the diluted rights they have inside the schoolhouse.”

Bingo.

Finally. Continue reading

Privacy, Facebook, And School Abuse of Power

Riley StrattonIt can a bit late to the party, in my view, but the ACLU just delivered a crucial blow to Big Brotherism in the schools. Addressing an issue that Ethics Alarms flagged in 2011, Minnewaska Area Schools (in Minnesota) agreed to pay $70,000 in damages to Riley Stratton, a 15-year-old high school student,

for violating her rights. It also agreed, as part of the federal court settlement, to rewrite its policies to limit how far a school can intrude on the privacy of students by examining e-mails and social media accounts created off school grounds.

In 2012, the ACLU Minnesota Chapter filed a lawsuit against the Minnewaska School District after it suspended Stratton for a Facebook post, written and published outside of school, in her home, in which she expressed hatred for a school hall monitor who she said was “mean.”  After the suspension, Stratton used Facebook to inquire which of her “friends” had blown a whistle on her. School officials brought the young teen into a room with a local sheriff and forced her to surrender her Facebook password. Officials used it to searched her page on the spot; her parents were not consulted.

“A lot of schools, like the folks at Minnewaska, think that just because it’s easier to know what kids are saying off campus through social media somehow means the rules have changed, and you can punish them for what they say off campus,” Minnesota ACLU attorney Wallace Hilke said. “They punished her for doing exactly what kids have done for 100 years — complaining to her friends about teachers and administrators. She wasn’t spreading lies or inciting them to engage in bad behavior, she was just expressing her personal feelings.”

Not that it was any of the school’s business if she was spreading lies or inciting others to bad behavior. This phenomenon, where schools decide that they have a right to punish students for non-school activity, words and thoughts  was discussed on Ethics Alarms, and condemned as unethical, here, here, here, and here, and more recently here.

Minnewaska Superintendent Greg Schmidt protested (the school settled without admitting any wrongdoing) that the school only wants to make sure kids understand that actions outside of school can be “detrimental.” “The school’s intent wasn’t to be mean or bully this student, but to really remedy someone getting off track a little,” Schmidt said. Not your job, you officious, censorious, child abuser. This is the sole realm of parental authority. I have seen enough wretched judgement from your breed, Mr. Schmidt—like (I’m picking examples randomly) here, here, here, here and here—to convince me and anyone with a cerebral cortex that school administrators lack the training, wisdom and judgment to know what “going of track a little” is for a 13-year old.

Stay out of my kids’ life and my family’s life. You have enough trouble running schools properly…work on that.

________________________

Sources: Daily Caller, ACLU, Minnesota Star Tribune

What’s Wrong With The Florida Cyber-Bullying Arrests? Everything.

“Bullying, as they are supposed to teach you in school, is when someone uses their superior power to subordinate and humiliate someone weaker than themselves. This is wrong, and it is always wrong.”

The Sheriff of Polk County...wait, no, that's Tom Cruise, searching for pre-criminals in "Minority Report." Well, close enough.

The Sheriff of Polk County…wait, no, that’s Tom Cruise, searching for pre-criminals in “Minority Report.” Well, close enough.

This is a quote from an Ethics Alarms post earlier this year, about a school that forced students to do embarrassing things in a warped effort to discourage bullying. There is a disturbing societal consensus brewing that opposition to bullying justifies all sorts of extra-legal, unethical, excessive, abusive and unconstitutional measures, and there are a dearth of persuasive voices point out that this consensus is dangerous and wrong. Those potential voices are being stilled by a kind of cultural bullying. How can you defend bullies! Look at the victims! Think of the children! What a horrible, unfeeling person you are!

This is the only explanation I can generate for the fact that none of the commentary and media coverage regarding the Florida arrests of a 14-year-old girl and a 12-year-old girl on trumped-up charges of “stalking” following the suicide of Rebecca Ann Sedwick pointed out that the arrests were a travesty of the justice system, an abuse of power, child abuse, legally and constitutionally offensive, and, yes, bullying of a different kind. Continue reading

The More Incompetent Schools Are, The More Power They Want: Now, the Food Police

Guess who works for the Chicago school system!

The Chicago Tribune reports that several Chicago schools prohibit families from packing lunches from home for their children.

“A Chicago Public Schools spokeswoman said she could not say how many schools prohibit packed lunches and that decision is left to the judgment of the principals. ‘While there is no formal policy, principals use common sense judgment based on their individual school environments,’ Monique Bond wrote in an email. ‘In this case, this principal is encouraging the healthier choices and attempting to make an impact that extends beyond the classroom.'” Continue reading

Pole-Dancing for Kids: Icky or Unethical?

The latest issue of “Pole Spin,” the “international pole dance and lifestyle magazine,” features “the world’s youngest pole dancer” and a proud family with four  pole-dancing teenagers.

Is this wrong? Child porn? Bad parenting? What the heck is it when something with sexual connotations is used by children in a non-sexual way? Continue reading

Ethics Quiz: Who’s Responsible When You Hand Your Child An Uzi and He Shoots Himself?

The answer to the quiz, according to Massachessetts. authorities, apparently is that the organizer of the 2008 machine gun shoot at the Westfield Sportsman’s Club is responsible.

Christopher Bizilj, age 8, died when the Uzi submachine gun he had taken in his small hands suddenly tilted upward and backward as it fired, and a bullet blew off part of his head. The boy’s father, Dr. Charles Bizilj, signed a waiver before letting his son shoot the gun, acknowledging and accepting the risks, including the boy’s death.  But law enforcement officials applied the common but ethically-misguided principle of “the crime carries its own punishment” for the devastated father, thus shifting all accountability on the organizer of the shoot, Edward Fleury, who was prosecuted for manslaughter. Continue reading