School officials banned a high school student from running for student government, because she used vulgar language to criticize school officials on her blog. The student wrote: "Jamfest is canceled due to the douchebags in the central office."
The student sued the school in federal court for violating her First Amendment rights. She is now appealing the lower court decision that sided with the school. The US Supreme Court has ruled previously that schools can regulate speech that interferes with schoolwork or discipline, or that is vulgar and lewd. But all the cases have involved speech that occurred on campus or at school events. The lower court ruled that because she addressed school issues, and could expect that students would read it, her punishment was legal.
Should a student be able to call school administrators douchebags on her blog, and run for student government?









Levi's
Just Cavalli
Ben Sherman
This girl needs an a$$ whoopin'. I'm so sick of sue-happy idiots running rampant in our court systems.
1Hmm I'm a bit in-between on that one; the fact it's a blog makes me feel she's free to say whatever she thinks (from the moment it's not any racist comment).
2While I agree that an anti-administration little girl probably isn't the ideal candidate for StuCo (... she knows that you have to deal with administration like, 24/7 as a member of student council, right?) I don't think that they have any right to control what's in her blog. This assumes: When she wrote it, it was on her personal time, not at school. When students read it, it's on their personal time, not at school. Now, when I was in high school, starting in 1999, they *already* blocked blogs, myspace-type sites.... anything remotely questionable. So one can assume she did not write this and other students did not read it at school. What on earth gives a school the right to say what a student does off campus? I'm sure other people who've been in StuCo have said much worse to just as many people, they just didn't say it in an electronic media!
3Uh... it's her /blog/!
4I've called tons of people douchebags and worse on my livejournal. Granted, it's a friends only journal in my case, but still.
This is a difficult one because she shouldn't be suspended from school or anything like that, but participation in Student Council and other extra-curricular activities is a privilege, not a right, so I can see the view of the school, as well.
I don't think she should have been reprimanded in this way, though, since her language wasn't even particularly harsh.
5Part of me says the school is being overzealous, but part of me says good, she needs to learn this lesson. Especially because it didn't say that they suspended or expelled her, they're stopping her from running for student government. To me, that's revoking priveledges based on conduct, and that's acceptable to me. Especially because I know a lot of kids are updating their MySpaces and other blogs in the computer lab, or have teachers as their friends on them, or just talk about them constantly at school...chances are the administrators weren't sleuthing, it was really easy for them to hear about and find out.
Anyhow, this girl needs to learn this lesson early on anyhow - don't publish your dirty laundry about your boss! In school, that's what your principal is, and if she learns this now, she'll save herself a pinkslip later on. Again, I approve of revoking priveledges - I don't think that's against her constitutional rights. You're under codes of conduct, obey them.
6What's with the douchbags in this school's administration? (Is this even a "bad" word?)
Seriously - this is the thing they want to get upset about??? Having your delicate little feelings hurt by some teenage girl? Hopefully this school does not have any real problems to be dealing with (student SAT scores, drug use, education...)during the time they are wasting on this silly problem.
It seems like a better solution would be to let her get involved in student government; maybe she would be able to help things, maybe she would get an idea of how difficult it is to be in charge. Either way, it could be an educational experience instead of just acting like petulant children. This seems like a very poor example for educators to be setting.
7I think people need to stop putting things on their blogs and thinking that it is not going to get them in trouble, ie. pictures of themselves naked or doing illegal things, threats, etc.
That said, I think schools need to stop monitoring their students' blogs. Get a life.
If she had said this back in 1980 in the girls bathroom would she have gotten in trouble for it? Maybe, but only if someone had ratted her out. But even then, there would be no proof, so she probably wouldnt get in trouble.
I do agree that schools can regulate language that interferes with discipline.
The internet makes everything become so LAME sometimes.
8I completely agree with you annebreal, especially "Anyhow, this girl needs to learn this lesson early on anyhow - don't publish your dirty laundry about your boss!"
If she did this in the real world she could get fired.
9"If she had said this back in 1980 in the girls bathroom would she have gotten in trouble for it? Maybe, but only if someone had ratted her out. But even then, there would be no proof, so she probably wouldnt get in trouble."
j2, I see what you are saying, but the fact is she knows that the blog is public, therefor she should accept responsibility of her actions.
10All I am going to say is that I know in HS me and my girlfriends always had colorful words for some of our staff as well. I don't know if putting it on the web is such a hot idea though.
11@Advah- Why would freedom of speech be extended to everyone until they make a racist statement??
12I'm up in the air with this one, for the reasons advah stated above, yet I see where annebreal and cine are coming from, too. Tricky situation...what I want to know is why the principal was looking at a student's blog in the first place. And the term used is not terribly vulgar and not disruptive to the classroom...so why all the fuss?
13Also, the full article states that she was already serving on the student council and planned the "Jamfest" mentioned and she still won re-election by write-in votes. It sounds like she was well-liked and getting things done. Having been an uber-involved and honor roll dissenter myself in high school, I'm inclined to believe the school officials are in the wrong here.
This is utterly ridiculous, but the school has the right to regulate her actions with a mild punishment. At least, they did not suspend her or something else equally stupid. Schools are monitoring things like MySpace and FaceBook these days, so this isn't too surprising.
14I can see both sides as well, but the fact that this brat didn't just take it with a grain of salt and understand that life sometimes doesn't go the way she thinks it should really irks me. There are very few instances where I would find it acceptable to sue a school. Unfortunately, some silly election just doesn't cut it for me. I'm appalled that it has reached this point, and that our taxpayer dollars have been spent on this high school drama.
15if people are going to advocate freedom of speech doesn't it apply to this? she has the right doesn't she to express her opinions?
16Yes, and the school has the right to decide what priveledges to give to what students. No one is telling her not to write whatever she wants on her blog. Stop putting a spin on the story.
17Agreed foxie.
Also a lot of schools are monitoring because of violence in schools. My sister is still in high school and she had a couple of kids expelled for holding guns in photos and talking about shooting people, or some nonsense like that.
I understand why they are monitoring, but personally I think it is the parents that should be monitoring what their children do. Unfortunately in this day and age, we think it is up to the government and public schools to raise our children. And then when they try to teach them a lesson the parents jump on the suing band wagon.
18nyara, she absolutely has the right to post whatever she wants on her blog, but she needs to accept responsibility for her words. She is not being expelled, she is having a privilege revoked, which is the schools right to do so.
19In regards to the term "douchebag," how many youngsters actually know what a douchebag is? 20 or 30 years ago, douching was more popular. It's not just a funny word, kids. It's an actual, literal item that is used to clean out your cooter. So technically, it's not a bad word. But it's not a classy word either. Think about what's coming out of your mouth, especially when you are typing it for all posterity. I would be MORTIFIED to go to court over the term "douchebag." I could not stand in front of a judge and discuss how I had used the term "douchebag." I would swallow my pride, suck it up, and move on. This, instead of wasting taxpayer money on my teen drama. If you ask me, her parents are douchebags for letting this happen!
20It his HER blog. I think she should be able to say whatever she wants. Also, douchebag -- I mean, seriously, taken most literally, it's cleaning product -- one you aren't supposed to use, but a cleaning product no less. I bet this wouldn't even be happening if she said the "Orange Glos" or "loofahs" in the central office. Douchebag is hardly hate speech.
21I don't know mandy, when I call someone a douchebag it is not as a term of endearment.
P.S love the comparison to Orange Glos!
22I have a feeling if she had replaced "douchebags" with "morons" or "idiots" or "jerks" or something like that she'd be in the same hot water. I think the word douchebag and the freedom of speech issue is clouding the issue. I think it's two problems schools crack down on - disrespecting school authority AND doing it in an outside forum, especially the internet. She's broadcasting it, and again, I have a feeling she was running her mouth about it at school. I don't think it's out of line for them to stop her from running for a leadership position, especially when her unofficial appeal and platform to her peers in the election would be "down with the douchebags". So yeah, I officially side with the school now.
23This is endemic of what is actually happening to our country as a whole. Since 9/11 so many our our rights and freedoms have been trampled on all in the name of safety.
We as a nation have set idle while the politicians, judges, and big business sell us out to the global conspirators who wish to enslave us in a new world order, all this for a few pieces a silver to line their pockets.
We all need to rally behind this girl, before it is too late, and send a message to the courts and the politician that "enough is enough". What we say and do on our "own" time is up to us, not up to any judge, court, or politician! Our forefathers fought against tyranny and for the right to express our voices freely. It is time we do the same, again.
Here is a little quote from Ben Franklin to put things in perspective, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
P.S. 1984 was a little late in getting here, it started in 2001.
24Huskylover, they are not taking away her freedom of speech. She can keep her blog, she can write what she likes. A privilege is not the same as a right, and the if the school wants to take a away a PRIVALAGE then it is their prerogative.
25I'm sorry, i can't equate this with 1984. She's a teenager. Teenagers need authority more than anyone. Otherwise, they'd be running amok, hormones out of control, living out Romeo and Juliet. In my opinion, THIS is endemic of something different. Many kids have no respect for authority, no respect for anything higher than themselves. It's perfectly acceptable to challenge authority, but in a respectful way. She was not being respectful. She is a teenager who can't yet see the big picture. In the whole timeline of your life, whether Jamfest happened or not is absolutely nothing. It's just another party, like the ones our parents wouldn't let us go to. And running for class office- who cares? I'm 30 years old, graduated from college, and no one gives a flip that i was a class officer for three years in high school. I can't even remember anything I did, besides work on the homecoming float. I can't believe her parents couldn't grasp this. Life is so much more than this, and they are wasting time and money.
26I am completely on the school's side. If you are under 18, you have very few rights and the sooner this girl learns that you can't do or say anything you want to the better. Anything you put on the internet is public and you have to accept responsiblity for that. Complaining privately to your friends is one thing, but posting that on the internet is libel. I don't think a libel suit could be brought against her in this case because the school is in the public eye, but if you write damaging things about people you can be sued for that.
27I agree, cine and kris. If she had been expelled, it would have been a different story. However, as many have stated throughout these comments, participation in student council is a PRIVILEGE afforded to her by the school and they can choose to revoke it at any time.
28By the way, I was only a class officer for THREE years because one year I was not allowed. Why? Because I had been called out a certain number of times for my shorts being too short. I still think that's pretty stupid, but that's just the way it was. I wasn't causing any trouble, but it didn't ruin my life.
29What, kris? You mean you didn't sue? What's wrong with you? That was a clear violation of your Constitutional right to be on your high school student council.
30Gosh, apparently I could have sued. I didn't even know that! Apparently the authorities had arranged it so I would be completely in the dark about my constitutional rights. It was a conspiracy, no doubt.
31That's the only logical explanation.
32I'm on the school's side - nobody's saying that she can't post whatever she wants in her blog, she's just being held accountable for what she said. If she had a job and called her boss a douchebag and they found it, she'd be fired.
Frankly, I'm tired of teenagers feeling like they're entitled to whatever they want without having to take responsibility for anything.
33Husky, that's insane. Absolutely, completely, frighteningly insane. This has nothing to do with civil liberties or 9-11 or any of that mumbo-jumbo stuff you're equating it with. This is about a girl who wants her school officials, who she deems douchebags, to give her a special opportunity. How about we rally behind the concept of people being held accountable for their actions? Why not rally behind structure and common sense?
34I am so, uber sick of that Franklin quote. That quote makes no sense and it stands in place of actual logic in just about every argument regarding national security. If you believe in it's sentiments then I suppose you don't believe in any laws, military, or justice system either, since all of those things stand at a balance between liberty and security. You can't HAVE freedom if you don't protect it and secure it.
She probably would have won the election, just by running on a "the principal is a douchebag" platform
35Should the federal government even be hearing this case since it happened in a public school?
36She is free to say anything she likes, but the school officials are also free to take offense and punish her for it. She's didn't get in trouble because she didn't have the right to say it like she would have in other countries; she got in trouble because of what she said. You can't say anything you'd like and scream "free speech!" and magically lose accountability for your words. You are FREE TO SPEAK, but you are not free from the consequences of what you say.
37I realize there is a fine line between free to speak and free from repercussions of speech, but it's a line that has to be established to keep order in this country. It's also illegal to slander others, but that could be considered free speech as well. Free speech doesn't mean you can say whatever you want without consequence, it just means you can say whatever you want.
38I'm experiencing these types of Constitutional violations at work! It seems if I start to talk sh*t about my boss, get this, he'll fire me. WTF!
39Why was the school reading her blog? lol
40Because she's cool.
41
Was the principal on her friend's list? haha
42No, but seriously, I think the school is being a little silly, but so is the girl. This is just like the debate about whether or not the school should be able to search the lockers of students without their permission. Students' constitutional rights are a little iffy when it comes to the school. I still don't think the school should read her blog, though. That's just ridiculous.
43Princesskitty, schools keep tabs on student's online activities because so many violent threats against schools are found that way. There are news stories all the time about a student being arrested for putting plans to shoot up a school on the internet.
44I suppose I see the advantage there. I don't know, it just all seems a little silly to me (this situation, not anything violent of course).
Maybe her opponent told on her. It is politics, after all.
45I think the punishment is a little over the top. Maybe she should instead have to write on the chalk board 100 times:
"I will no longer comment on the school administators personal hygiene or lack thereof."
That should satisfy them! Oh, and she should furnish her own chalk. Sounds like the administration has enough problems without funding discipline.
46That's a rather stupid punishment. It's most likely that she got caught up in the moment, and you know that we can say things we don't mean...
47Wow, I can't believe you are all backing the school administrators!
The girl's remarks were not threatening and did not rise to the level or libel or slander. I probably would have called them something worse than "douchebags". (BTW, what's with the resurgence of this word lately? My 17-y-o DD has used it a few times recently, too.) She did not use school time or equipment to post the comments.
Yes, students should have some respect for people in positions of authority. However, those people should also behave professionally and EARN that respect. Sadly, I don't see a lot of that. A lot of the staff and faculty at my kids' school district are incompetent, and a lot are worse than that. I'm constantly having to re-educate my high-schoolers. (A so-called "government" teacher recently told my daughter that the Supreme Court only decides "three or four" cases a year, for example.)
I see a lot of cases where school administrators will not tolerate criticism, no matter how well-intentioned or valid. This sounds to me like one more case of academic totalitarianism.
48The Federal Government can hear cases that pertain to federal matters. Since this brings up the Constitution, it's fair game.
See "Federal Question."
Since it was her blog, she can write whatever she wants. She has to be prepared for the consequences of that as well.
49Menthadict, put your tongue in your cheek and then re-read my comment.
The whole thing is rather stupid. Some of the responders here need to lighten up. I've raised a teenaged girl and it ain't easy in the best of times. This was a situation which should have been handled at home and not at or by the school. If the administrators are so thin skinned they had better not read the bathroom walls. I think that 'douchebag' would be rather tame!
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