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The high school may have thought that it had settled the matter, but it had underestimated Evans's tenacity and anger. In December of 2008, with the aid of the ACLU, she filed suit against the school for violating her First Amendment rights. School officials asked that the case be thrown out, but this week a Magistrate Judge rejected that petition. Evans's lawsuit will now go to trial.
Now a sophomore at the University of Florida, Evans is seeking to have the suspension erased from her record, to be reimbursed for her legal fees, and to be paid a "nominal fee" in return for the violation of her rights.
Maria Kayanan, one of Evans's lawyers, told the New York Times, "This is an important victory both for Ms. Evans and Internet free speech." Given the extracurricular and non-threatening nature of Evans's supposed cyber-bullying, we're inclined to agree with that sentiment. [From: New York Times]
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Comments
3
Subscribe to commentsnumerwanFeb 16th 2010 3:52PM
If theres a bestbuysucks website, you should be able to have a thisteachersucks website... and i blieve there already is a rate this teacher web site...
BlaktornadoFeb 16th 2010 8:09PM
It's a bit different attacking a consumer retail outlet than it is an individual.
A couple of years ago, now, me and a couple of friends set up a fake Myspace account for a teacher of ours and, as with all things, it ended up being taken too far. In the end, the school found out, we got in trouble and it didn't go any further. The teacher, himself, had every right to take us to court for slander and defamation, but thankfully he left it.
At the end of the day, a teacher is just trying to do their job. Anyone who works with large numbers of the public is going to end up having people who don't like them, or don't agree with them. I've found that out enough times, myself. Suing a school for encouraging you not to be nasty to a fellow human being is stupid.
DaveFeb 16th 2010 4:41PM
Main Entry: 1li·bel
Pronunciation: \ˈlī-bəl\
Function: noun
Etymology: Middle English, written declaration, from Anglo-French, from Latin libellus, diminutive of liber book
Date: 14th century
1 a : a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought b archaic : a handbill especially attacking or defaming someone
2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1) : a statement or representation published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel
This is what the school was trying to prevent. Teenagers are at once lazy, emotional, self obsessed and undisciplined. This is a poor precedent to set and will eventually lead to a teacher suing a student or Facebook for producing an environment that commits libel.