MySpace, Web, Social Networking
Girls, ACLU Sue School Over Punishment for Racy MySpace Photos
Two teenage Indiana girls have sued their high school after the administration punished them for posting sexually suggestive photos of themselves on MySpace, the Associated Press reports. The ACLU, which is representing the two sophomores, argues that the school overstepped its bounds by handing down the punishment and, in so doing, violated the girls' rights to free speech. Attorneys with the ACLU also pointed out that the photos didn't involve the school, and that officials needlessly humiliated the two by making them apologize to an all-male board of coaches. The Supreme Court has previously ruled that schools do have the right to punish students for off-campus behavior, so long as the school can justify that the behavior was disruptive and that similar activities were likely to occur at the school, itself.In this particular case, the girls took photos during a sleepover held during their summer vacation and posted them on MySpace, adjusting the privacy settings so that only their friends could see them. Eventually, though, the photos circulated throughout the school, and, as some of them showed the lingerie-clad girls licking a phallic lollipop, Principal Austin Couch banned the girls from fall sports, and made them apologize and undergo counseling. According to Couch's attorney, he was simply enforcing the school's athletic code, which allows a principal to punish student athletes for any activity that "creates a disruptive influence on the discipline, good order, moral or educational environment at Churubusco High School."
Sure, there's a precedent for schools punishing kids for online behavior (and a precedent for the ACLU rushing to students' aid). At first glance, though, we've gotta side with the girls on this. Was it a smart move? No. Did the photos cause a "disruption?" Probably -- at least via the gossip and hallway conversation they surely inspired. But is that kind of disruption really all that different from kids' passing notes or texting during class? All that aside, we don't really see their behavior as having the potential to eventually make its way to the school, as the Supreme Court says it must in order to warrant punishment. Schools definitely have a responsibility to legislate off-campus activity, including online activity -- but only, in our opinion, if it poses a serious threat. If the girls had phallic lollipops and shotguns in their hands, that would be a different story. Based on what we know, though, we think the administration should cut them some slack. [From: Associated Press/Newsvine]
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Reader Comments (Page 1 of 1)
Millerson said 10:00AM on 11-02-2009
America - land of the Puritanical prudes. When children go to see movies where people are dismembered with chainsaws, then that's just good spooky fun. When Janet Jackson has a wardrobe malfunction for a split second and a breast pops into view, then suddenly its a case for the FBI and million dollar fines against the network to protect "young viewers" from "inappropriate" content. HEY! Guess what - 17 year old girls are not very different from 18 year old girls. There is no "magic" age of 18 in the real world.
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rann948 said 12:01PM on 11-02-2009
That's why I never let my kids go to those movies. That's what parents are for, doofus.
Kandi said 10:44AM on 11-02-2009
These girls and their parents had to sign the code of conduct with the school that they would abide by it. An athlete is an athlete year round, not just during the school year. Athletes go to camps and conditioning in the summer months, so the code should be enforced year round.
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rann948 said 12:00PM on 11-02-2009
Disgusting. How parents could defend this behavior is beyond me, if one of my kids did this, the school wouldn't have to worry - I'd revoke my permission to participate in sports period. If these girls mentioned their school, or wore anything connected with the school, then they are dead in the water in court for sure. But since they were athletes, the punishment fit the behavior.
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gregg1213 said 12:14PM on 11-02-2009
Kandi is exactly correct. If this was not an athlete, the school should shut its mouth. However the kids in question wanted to be an athlete, there are TONS of pros of being an athlete, this is the con and you better abide by it. If you dont want to live your life according to something you sign, dont sign it! Millerson is correct as well because our country is ass backwards. Sexuality in our country is so distorted. It is the main reason for teenage mothers, abortions, stds, and ignorant parents. Also the ACLU is a dumb joke and needs to STOP. The world hates you. ENOUGHT!! STOP. You have done more harm then good
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Mobile Phone Diva said 1:11PM on 11-02-2009
Oh this "code of conduct" puritanical crap is just BS!! How the hell does what you do out of school have to do with the school unless you besmirch the school's name blatantly and specifically? Why can't people do what they want outside of school and work, as long as it's not illegal? This crap has happened before with adults also, being penalized for activities outside of work. How much control do you want institutions to have over your life???
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What?! said 1:25PM on 11-02-2009
I agree with Kandi posted #3 comment. Those who disagree with the school administration have no idea what it takes to keep the discipline & order in schools. It's not easy at times. I like to see schools staying clean and be far away from anything sexual. They are kids. For example, passing out condoms is a sign of encoruagement. Well, look at 750,000 teenage pregnancies per year. My son told me it was over one million so it is still very high and RIDICULOUS!
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