Jan 28, 2010 7:04pm

Punished for Becoming a ‘Fan’ on Facebook: Fair or Unfair?

ABC News on Campus reporter Matt Markham blogs:

When middle school students posted comments about a teacher on a Facebook page, the upstate New York school district cracked down, saying the posts “undermine the teacher personally, and the teacher’s credibility.”
 
The comments appeared on a Facebook ‘fan’ page which the district says was derogatory toward a teacher at the Roxboro Road Middle School in Liverpool, N.Y. 

North Syracuse Central School District superintendent Jerome Melvin called it  “a personal and educational attack on the teacher, which was sexual in nature.”
 
The student who created the page went back to school yesterday after a three-day suspension. All of the 33 students who had become ‘fans’ of the Facebook page were given detention. 
 
“They were invited to the Facebook page, and they made a decision to click on the ‘become a fan’ icon,” Melvin said.  “They didn’t have to join the group.”

Has the student's freedom of speech been compromised?

Professor of Public Communications Law at Syracuse University, David Rubin, said determining which kinds of Internet speech are penalized isn't a cut and dry process.  “Administrators are given a wide latitude to decide what student speech does get in the way of the educational process,” Rubin said,  “but we have to look at the speech.  If it is opinion, it cannot be sanctioned.  If they are false facts that damage the teacher’s reputation, they can be sanctioned.  If they are threats, they can also be sanctioned.”
 
Not every student at Roxboro Road Middle School accepted their punishment. 
 
Wayne Rochette's daughter was among those who joined the Facebook group, but did not attend after-school detention.  He told the Syracuse Post-Standard that the school was wrong to choose such a punishment.  He also told the newspaper that "it's my job to teach her, not the school's" and he wants the school board to discuss "how it was handled and why it was handled the way it was."
 
Some claim the school’s decision to suspend the student who created the page is a violation of First Amendment rights.  Melvin said the decision to punish the students was intended to teach discipline and respect. 
 
This incident, he added, will prompt the district to reconsider its policies toward "cyber-bullying" and how students interact on Facebook.  Right now, the rules on "cyber-bullying" are considered by the district to be contained within the school's code of conduct and sexual harassment policies.
 
Melvin said he wants the district to sit down with parents to reconsider and expand that policy to include material posted about educators.
 
So, what can students post on the Internet, on their own time?  “There needs to be a learning curve about what is appropriate online, and what is not appropriate online,” Rubin said. 

Rubin said there is a general understanding of what is acceptable speech in public, but when it comes to the Internet, “right now, that doesn’t line up.”
 
“This has been a wake-up call to parents," said Melvin.  "We need to be more cognizant of what’s on our students’ Facebook pages.”  He added that the parents of the student accused of creating the page have cooperated fully in the matter.

But the question many are now asking is: where does the school's disciplinary jurisdiction begin and end?  How does that translate to the Internet?

User Comments

What ever happened to freedom of speech? I am sure teachers discuss students and their behavior and that is suppose to be acceptable.

Posted by: Deanna | January 28, 2010, 8:17 pm 8:17 pm

I think a detention is minimum…I also think that the individual who skipped the detention needs even more discipline.
Don’t you love it when immature people try to play the “Freedom of speech” card
Freedom of speech is not a license to slander or defame another individual…especially in a public forum.
Students should respect all their teachers. actually everyone really, so I don’t see this as being unfair at all…

Posted by: Jason | January 28, 2010, 9:03 pm 9:03 pm

It is none of the school’s business what students do in the privacy of their own homes. Even if it was an outright lie, that is between the teacher & the student, not the school.

Posted by: ellsbells930 | January 28, 2010, 9:03 pm 9:03 pm

Students don’t have (nor deserve) the right to freedom of speech. When they are an adult and can accept the consequences of their actions like adults without whining, then they can have freedom of speech.

Posted by: Tom | January 28, 2010, 9:11 pm 9:11 pm

It is every bit of the school’s business. There is absolutely no respect or limits set for many kids these days. That will eventually work against them as they become adults. Adults can see that, kids can’t. There have been times when, growing up, I could have never understood the reason for things that were there that eventually helped me. A Midwestern public school system I understand is teaching etiquette and manners. I think that is a wise idea.

Posted by: dixiedad | January 28, 2010, 9:15 pm 9:15 pm

Seems to me the key here is, “comments appeared on a Facebook ‘fan’ page which the district says was derogatory toward a teacher”, what were the comments, were they REALLY derogatory or only seemed that way to a thin skinned school district.

Posted by: JR | January 28, 2010, 9:26 pm 9:26 pm

This conduct took place in a student’s home and not on school grounds. Therefore, shouldn’t this be a matter of parental discipline–or are we allowing the schools to do the job that the parents should do.
It’s totally acceptable for the school to send home letters–and if the speech was slanderous or sexual in nature the teacher has a right to pursue legal remedies but this is not the school’s place.
I don’t think this is a matter of freedom of speech so much as over reaching government control of a parent’s right to discipline (or not) their child.
Had this been posted on a school computer, that would be different, but I suspect faceebook is blocked on their servers.

Posted by: Brian | January 28, 2010, 9:29 pm 9:29 pm

For those that think it is none of the schools business, consider this. If the school does not step in the only remedy the teacher has against slander is the courts.
Is that where we really want it to end up? That will hurt the students far more in the long run. The teacher can file a restraining order and those students will no longer be able to attend that school. It happened in my area not too long ago.

Posted by: CR | January 28, 2010, 9:42 pm 9:42 pm

There is always a little bit of truth mixed in with the lies from both sides or vice versa.

Posted by: d | January 28, 2010, 9:44 pm 9:44 pm

erm, what would have happened if these students sat in a park outside of the school campus and ‘joined the club’ to discuss this teacher? Would Melvin have swooped down and suspended all of them? Sorry folks, this is the 21st century; I’m 40 and can still see the ignorance portrayed by the school district.

Posted by: dhanes420 | January 28, 2010, 9:46 pm 9:46 pm

“This conduct took place in a student’s home and not on school grounds. Therefore, shouldn’t this be a matter of parental discipline–or are we allowing the schools to do the job that the parents should do.
It’s totally acceptable for the school to send home letters–and if the speech was slanderous or sexual in nature the teacher has a right to pursue legal remedies but this is not the school’s place.”
I completely agree with you there, however, in those letters sent home to the parents the school should mention the teacher may pursue legal actions whether or not the parents decide to discipline.
“I don’t think this is a matter of freedom of speech so much as over reaching government control of a parent’s right to discipline (or not) their child.”
Not sure what you mean here.
“Had this been posted on a school computer, that would be different, but I suspect faceebook is blocked on their servers.”
It depends on the school district as well as the school itself. Some do and some do not have facebook blocked.
A few closing comments though; teachers are arguably the most underrated profession. They deserve respect inside and outside of the classroom and kids this age have no right to slander a teacher over an internet site in which anyone can see. Ridiculous, and the student deserves to be punished.

Posted by: Jaric | January 28, 2010, 9:51 pm 9:51 pm

I think this is a classic example of “both sides of the story” not being told. The biggest question mark is “what was on the page?”
The Superintendent said it was sexual in nature and begs the question: “was this a case of public sexual harassment?”
If so then the punishment is light.
If the page was a Fan Page that was designated as “Open to The Public” then the school board did the right thing. And even if it was not it still would not matter because cyber-space is quickly becoming a public forum and you choose to either post or not to post certain materials. Also, if all these kids are just getting a day in detention in middle school then what’s the big deal?
No employer has ever asked about an applicant’s detention history – in middle school – during a job interview as far as I’m concerned and if there was then the job obviously ain’t worth it.

Posted by: jfrech | January 28, 2010, 10:18 pm 10:18 pm

was it really slander, or was it just a fan page for a hot teacher? you all know kids would talk about the hot teachers at the school in the hallways, this isn’t much different

Posted by: matt | January 28, 2010, 10:19 pm 10:19 pm

There are strict legal definitions for slander, libel, and defamation of character. Those definitions as they apply to American Law can be found in any copy of Black’s Law Dictionary…and any modifications to those general definitions may be found in any given state’s codes and statutes.
So…either it was or it wasn’t. If it wasn’t then it is (or should be) protected under the First Amendment.
However, in most states, en loco parentis laws as they apply to schools have a habit of trumping the rights of minors.

Posted by: Vashra | January 28, 2010, 10:34 pm 10:34 pm

These students rights were denied and they were punished for it. I disagree with the schools decision. If the teacher would use as much energy trying to get the kids to understand her instead of creating a wall between them, she might not have been attacked.
If the statements made on the page were true and could be backed up. I so go kids. Government, no matter which level needs to mind their own business.

Posted by: Brad Weaver | January 28, 2010, 10:51 pm 10:51 pm

Anyone defending their kids that became fans should be ashamed. You need to punish those kids and teach them some respect. Teachers are people too and this kind of thing can ruin a person. It is your disrespectful little brats who never got taught any boundaries at home that cause this pain. Maybe you can defend them later when they lose their JOB for making fun of their boss. At that point you might want to teach them that a little respect and decorum goes a long way…

Posted by: ATeacher | January 28, 2010, 10:57 pm 10:57 pm

If these kids stood in a friends bedroom and said this stuff I’d say it was overkill. But they put it out in public. And once you put it out there it changes the argument. I do not wish to live in a world where bratty kids can slander any teacher they choose on any sort of technology. These punishments were reasonable. The parents are wrong to take this where they are.

Posted by: secondlook | January 28, 2010, 11:07 pm 11:07 pm

Ye Ghods.
Libel is libel, folks – and so is slander. Theoretically, the person injured (the teacher) could sue the student in civil court and win big. He chose not to – instead, letting the district handle it. To those noising about “free speech” – try actually READING the Bill of Rights you noise about. The free speech section of the First Amendment tot he US Constitution restricts the FEDERAL GOVERNMENT, NOT the states, NOT private parties – and Facebook is certainly a private party. NOT the school district, which is a part of the STATE government. “Free speech” DOESN’T APPLY in this context. The parent complaining about the discipline – well, how good a job he did shows in what his kid did – if this was a earlier era that kid woulda got a LOT WORSE than just some detention. Really, that parent has no right to complain about what the school did – he should be a lot more worried about what his kid did, than trying to save face.

Posted by: John | January 28, 2010, 11:11 pm 11:11 pm

Egad..students making fun of their teacher?
OK, seriously, this has been going as long as teachers and students have existed.
Don’t the teachers and the school board have anything else to do than worry about?
This is petty.
Yes, the students do have freedom of speech.
Just watch. 10 more pages will pop up.
They actually punished all the kids who became fans of the page? What very small minds that we have at work.
It isn’t the kids who need to grow up.

Posted by: Miselaineous | January 28, 2010, 11:34 pm 11:34 pm

If you read very carefully, the school board claims the comments were derogatory.
I suggest the thin skinned Melvins of the world look up the words ‘slander’ and ‘derogatory’,and then write a 500 word essay on the difference between the two.
Is it any wonder so many kids hate school?

Posted by: Miselaineous | January 28, 2010, 11:40 pm 11:40 pm

What ever happened to freedom of speech? I am sure teachers discuss students and their behavior and that is suppose to be acceptable.
Posted by: Deanna
But if the teachers do discuss their students, it is not posted online for everyone to see. And freedom of speech does not allow you to make threats or make up things about people.

Posted by: honey92345 | January 28, 2010, 11:48 pm 11:48 pm

Want to solve this problem, HOMESCHOOL!

Posted by: ted | January 29, 2010, 12:39 am 12:39 am

If this is s public school system, you always have the right to take your student to a private school system. They are always looking for students who can pay for their educaion and have parents firmly in place to help in the school. Stop crying and get back to work.

Posted by: Doug | January 29, 2010, 12:41 am 12:41 am

I really have to wonder why the teacher is disliked, especially disliked enough for students to waste their time creating nasty facebook pages. Although it’s been awhile, I remember that the teachers we as a class loved, we really loved, and even if they may have from time to time had a bad day and that carried into the classroom, we still loved them. The ones we hated, we REALLY hated, and for good reason, generally it was a “holier-than-thou” attitude, or a lack of respect because after all, we were kids so our thoughts, opinions, feelings and just about everything else about us didn’t really matter. While I don’t condone this, I can think of a teacher or two who would’ve had their own nasty facebook page had it existed back then.

Posted by: rosier_i69 | January 29, 2010, 2:08 am 2:08 am

“Melvin said the decision to punish the students was intended to teach discipline and respect.” One does not teach respect. It is earned and given.

Posted by: kormallain | January 29, 2010, 2:30 am 2:30 am

Absolute violation of the first amendment. Moreover, if the page posted inaccurate facts, the teacher has the legal right to sue for defamation. The school itself has no business here. I hope a few of those students gets a lawyer and teaches the school a few lessons.

Posted by: Bill | January 29, 2010, 2:49 am 2:49 am

This article really doesn’t explain what was said. Was it a threat or just someone blowing steam over a teacher that probably doesn’t have a clue? Because there are teachers out there that don’t have a clue even if it were handed to them. And what do they mean sexual in nature? How do you know this teacher wasn’t the one that started it and the kid was using it to get a message out there? Seems more and more teachers in the news are going down that dark path. How do you know that the teacher can be trusted and this isn’t a way for them to try to cover their butt?
Last I checked everyone born in this country has the same rights no matter what their age. Freedom of speech is just that. Our right to say what we think without fear of prosecution. Although everyone out there is looking at the “ME” factor and what does this does that affects me and what they can do to get even.
Parents should be the ones teaching their kids respect. If a problem is discovered, don’t you think it would be fair for all parties (teacher, parents and students alike) to sit and discuss what led to this in the first place? Maybe learn something and even try to come up with a fair and non bias resolution where you can teach on how to do the right thing? I think schools are forgetting they are teaching institutions with both positive and even negative actions will influence students. Wouldn’t you rather schools teach positive solutions vs. negative ones and show how to communicate, debate and then try to get results? Seems finger pointing is just a way for people to distort the truth and break down all lines of communication.
People make mistakes, kids and adults alike. It is how you handle them and learn from that makes you a better person.
As far as suing, this country would rather sue it way out of a problem than work it out because of what they can get out it, again pointing to the “ME” factor. Remember kids are kids and will test their limits no matter what. As adults, we need to be able to teach them how to do things the right way, weather in the school or the home. But seems people forget that or just don’t care anymore.
By the way, who is the judge and jury that handed down their sentence and punishment and what qualifications do they have that gives them that right? If you are not a judge, and that were my kid I would tell you to place your punishment where the sun don’t shine.

Posted by: Concerned Parent | January 29, 2010, 4:11 am 4:11 am

To ellsbells930 and others who say that students (children) have no rights… Take a look at the Bill of Rights and the Constitution. They DO NOT set a lower limit in respect to age. I submit that you all have blinders on. As others have stated — WHAT was on the page? Why was it there. If it was the OPINION of the Student/s then the Teach and the School District were in the wrong. Anyone may have an opinion and they may voice that opinion.
This governmental over zealous appilication of control is similar to the school district that suspended a student that had a shotgun in a gun rack in his truck parked on a CITY street (not school property) after going hunting before school. The school stated that the street was considered school property because students always parked there. BULL.
Government is of the people, by the people and for the people. NOT in charge of the people.

Posted by: Joe | January 29, 2010, 5:29 am 5:29 am

The faculty and staff in school systems have many responsibilities to teach things that used to be taught at home: discipline, manners, appropriate behavior, eating habits, parenting (for all of those schools that now have daycares because the school’s sex ed. program wasn’t good enough and it is why the boy and girl engaged in sexual activity),etc. The boundaries on what a school “teaches” and what was meant to be taught at home are blurred. The responsibility falls on the school. If the students created a Facebook page and placed insulting remarks about another student, the school would be responsible and the police called. When the school has to support and protect one of their own, then it suddenly becomes the parent’s responsibility. Part of what concerns me is if the page had comments as bad as the media is implying, the teacher could easily lose her job because the student is always right. Students have no idea that there words/actions can cause damaging effects that could be permanent, such as loss of certification. By the time the parent steps up appropriately the damage is done to the teacher.

Posted by: Helen | January 29, 2010, 5:39 am 5:39 am

It’s not a speech issue, people can’t threaten others in a civil society and expect to get away with it. The internet isn’t Lord of the Flies either and abusing others won’t be tolerated.
Also, if the kids had held a private meeting in a nearby park, as suggested by another poster, it wouldn’t evolve into a public spectacle, in fact, no one would probably have ever heard about it. With new technology comes new challenges and new responsibilities for citizens.

Posted by: KaizerSoze | January 29, 2010, 10:17 am 10:17 am

As many people have said, I think the school has no right to punish the kid who created the fan page and all the kids that became fans of the page too. It was done off school grounds, in the privacy of the kids home. If anyone would should be punishing this student it should be the parents of the the child that created the facebook fan page.I’ve had teachers talk to me about other students, me being a student myself only at the age of 13. Teachers can talk about students behavoir and not be looked down apon but when students talk about teachers and their teaching habbits it’s suddenly a big deal.

Posted by: Hailey | January 29, 2010, 12:43 pm 12:43 pm

To “Miselaineous”:
I am guessing you must have hated school, too, as your spelling of the word “miscellaneous” is so atrocious that it takes away any weight that your ill-written posts might have had. It must be so frustrating to not be able to spell such a long word and still have the spell-check feature be unable to recognize what word you REALLY wanted to use…
I’ll bet your Mommy and Daddy blamed the “thin-skinned Melvins” for your inadequacies, too!
To help with your reading of this post:
atrocious = really bad
frustrating = to feel mad and sad because you can’t do something
inadequacies = feelings of not being good enough at something

Posted by: ATeacher | January 29, 2010, 2:43 pm 2:43 pm

I have taught for thirty years and things have really changed. As a teacher with standards, who must help my students pass state exams in order to graduate, my classroom is a place of civility and safety. No one has the right to destroy my professional reputation, and that includes students who “want to have fun” and don’t want to do the work. Public schools have become social clubs, where the “cool” teachers let the students say and do whatever they want, regardless of who it damaged. And yes, these “cool” teachers allow students to defame and slander other students, teachers, and administrators. It has happened to me.
It is not OK for another person to take away my good name. I try to teach this concept through literature, but alas, sometimes it doesn’t work.

Posted by: MyName | January 30, 2010, 11:58 am 11:58 am

[Quote]
I think a detention is minimum…I also think that the individual who skipped the detention needs even more discipline.
Don’t you love it when immature people try to play the “Freedom of speech” card
Freedom of speech is not a license to slander or defame another individual…especially in a public forum.
Students should respect all their teachers. actually everyone really, so I don’t see this as being unfair at all…
[/Quote]
Here are a few definitons for you:
Speech: Any action that is designed to send a message
Slander: Speech that creates demonstrable harm (Financially or Physically)
Libel: Written Slander
Obscenity: Any speech that could be deemed completely inappropriate by a majority of citizens.

Posted by: Spencer | January 31, 2010, 1:49 pm 1:49 pm

Good grief, do people feel they have the right to be mean? Let’s make the world a better place.

Posted by: Joan | February 1, 2010, 7:22 pm 7:22 pm

The freedom of speech ends, it becomes a criminal act,like aggrevated harrasment.

Posted by: kevin | February 4, 2010, 11:54 am 11:54 am

I’ve heard a lot of talk about using proxy sites to access facebook. Sometimes proxy sites get blacklisted because of their size and popularity,
-Mark

Posted by: Mark | February 5, 2010, 10:51 am 10:51 am

This is a joke right?

Posted by: someone | February 7, 2010, 10:40 pm 10:40 pm

As a teacher who had a hate page put up by students on Facebook, no matter what the comments, it does place a stigma on your name. Not only that, anytime anyone searches my last name, it comes up. My family name has a stigma against it because a student created a page due to the fact he did not like an assignment I assigned. He was told by my administration he had every right to have the page because of freedom of speech. Could I as a teacher make a page about a student? No, I’d be fired. Not that I would make a page. Students do not understand the impact these pages have on people. If you think it is thin skin, become a teacher. Have one student make a hate page about you and then you tell me how you would feel. I work hard for my students and I get little pay. I did not go into teaching for the pay, I did it for the fact I could educate others. I work 80+ hours a week to create a loving and engaging environment, so to have a student hate what I’ve created is hurtful. It would be like me handing back a paper to a student and saying, “I hate your writing.” Speaking about a teacher is one thing, but putting it out there in writing is another. Who is protecting the teachers? Certainly not administration and certainly not the parents. If students believe they can get away with this, then why teach them? Apparently, morals and ethics are not held as high as they were when I was a student. If there isn’t a consequence, then what are we teaching our future society? Everytime you don’t like something, use slander as your defense mechanism. That’s certainly what my student learned. It wasn’t the school who punished him, it was his parents. Thankfully, he has caring parents who want their son to learn from his mistake and not be ignorant. The ignorant people are those who think these sites are ok. I would rather have a class full of illiterate students than students who have the ability to learn and just choose ignorance.

Posted by: Amy | May 5, 2010, 4:13 pm 4:13 pm

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