California Teen Avoids Suspension for Facebook Status, Thanks to ACLU
A California teenager who called his teacher a "fat ass" on Facebook has avoided punishment from his high school, thanks to the ACLU. In December, 10th-grader Donny Dunlap received an unusually large amount of homework from his biology teacher, so he decided to vent about it on Facebook. In a status update, the teen announced that the teacher is a "fat ass who should stop eating fast food, and is a douche bag." A fellow student saw the status, and brought it to the attention of the school's principal. The vice principal contacted Donny at home, asked him to remove the status, and to personally apologize to the biology teacher. The 15-year-old complied, but the saga didn't end there. Later on in the day, Dunlap was called into the principal's office, and informed that he would be suspended for one day for cyberbullying. And that's where the ACLU got involved.
After being contacted by the Dunlaps, ACLU attorney Linda Lye sent a letter to the high school, in Donny's defense. In the letter, Lye pointed out that the Constitution explicitly "bars schools from disciplining students for speech, unless the speech creates a material and substantial disruption of the school environment." Dunlap's status update, she argued, clearly didn't result in any such disruption, and it didn't even explicitly threaten the teacher. Punishing him, then, would put the school system at risk of running into a lawsuit.
Ultimately, the San Juan Unified School District agreed with Lye's assessment, and removed the suspension from Dunlap's record. His mother, Kristina, agreed that Donny's comments were inappropriate, but agreed that they certainly weren't grounds for school punishment. Speaking to the San Francisco Chronicle, Dunlap argued that her son "was just venting like the rest of us used to do, sitting on the grass at lunchtime. Students will always talk about their teachers."





Live from Microsoft's New Generation Xbox event!
Xbox Reveal liveblog on Joystiq
Dozens Killed in Oklahoma Tornado; Death Toll to Rise
Justin Bieber Booed, Gets Standing Ovation at Billboard Music Awards
Watch: Kansas Meteorologist Seeks Shelter From Tornado
Xbox One architecture panel liveblog!
2013 Billboard Music Awards Best and Worst Dressed
H&M's Plus-Size Model Jennie Runk Says She Chose To Gain Weight
Two Pilots Fired After Brazilian Pop Star Takes Captain's Seat Mid-Flight
















Comments
31
Subscribe to commentsDanFeb 2nd 2011 6:18AM
back in oh, '78 or so, when I was about 15 or 16, I had a teacher that I just did not get along with. I wanted out of his class. Went to guidance, they agreed a change was in order, but the teacher wouldn't sign off on it. That teacher called my home to speak to my parents and when I answered the phone I informed him that they didn't care to speak to him because they though he was as much of a jerk as I did. The next day I was called down to the principles office and received a 3 day suspension for calling that teacher a jerk. I took my punishment and might have even learned something about respect from it. Guess I should have contacted the ACLU and learned that there is always someone that has your back even when you are out of line.
JwelboFeb 2nd 2011 6:21AM
Once again, a kid is taught you are not responsible for your actions. When someone is held accountable for their actions, there is always someone there to protest. What kind of adults are our kids going to be?
jdvarkFeb 2nd 2011 6:31AM
I am all for freedom of speech, so what happens with the teacher goes on their Facebook page and starts to rattle on about the dolt headed addle brained student that they have in their biology class? Is the ACLU going to protect their same freedom of speech? I doubt so. Besides, their are Board of Education rules that would get a teacher suspended or fired for doing the same thing. Then the teacher would be slapped with a law suit for ruining Johnny or Susie's self esteem. And the lesson is that someones always got the student's back, but there never seems to be anyone anymore that has the teacher/educator's back.
krvball24Feb 2nd 2011 7:47AM
@jdvark
That's because she's an adult and she has to act like it. Dunlap is a kid and kids make not-so-great decisions sometimes. Of course there are going to be different standards for what is appropriate for kids vs. adults. Without it, a LOT of 3 year old would be in jail for domestic violence because they hit or bit someone.
babycakez02307Feb 2nd 2011 12:25PM
@jdvark : i actually know quite a few teachers who talk about their students on facebook. the only difference is they have over 100 students where as the students only have 6 or 7 teachers so its more obvious who they are talking about even if they dont use names. venting is venting and everyone does it
karmabottleFeb 2nd 2011 9:32PM
The boy's parents just missed a teachable moment. This was a prime life lesson that could have aided that boy far more than even the biology class he despises: what you choose to do has consequences. If you are prepared to pay the price, do as you wish.
It's that some parents won't let their child learn a lesson every young person needs to obtain---that there is a price to pay for certain actions. One day of suspension is a fair price for insulting his teacher. What the foolish mom is missing is this: the boy was not sitting in the grass insulting a professor as she did in the old days. He wrote it, made it terribly public, and put it in cyberspace forever.....
JDvark is painfully right: the ACLU will not protect that teacher should the situation occur in reverse.
enero2085Feb 2nd 2011 11:38AM
@krvball24 I am so tired of this excuse "he/she is a kid" so adults just have to put up with it (thereby acting like an "adult"). Spare me the bull crap. This is one reason why children are out of control. He publicly disrespected his teacher. If he just said it among his friends at lunch, fine. But he placed it on a public forum. The student and parents missed an important lesson. Adults have been fired for making similar comments about their employers.
Children need to be taught respect, and the parents need to uphold that standard. Stop using the "their just kids" excuse when children are disrespectful and out of line. How else are children going to learn important lessons in life and become responsible, respectful adults if they do not learn as children. I agree with you jdvark!
PatFeb 2nd 2011 8:08AM
Lye has alot to be desired.
KeithFeb 2nd 2011 8:18AM
The only CLOUT the ACLU has is the threat of a lawsuit. It wasn't about 2 people coming to an agreement about any statements made. Take away their ability to sue and the ACLU is nothing. NOTHING!
akat87Feb 2nd 2011 9:12AM
This is absolutely ridiculous. That kid's personal Facebook page, is his personal Facebook page. Who hasn't said some unflattering things about a teacher? And for a student to "rat him out" -- come on! that's the ridiculous part of the story right there!
LindaFeb 2nd 2011 9:17AM
when my son sounded off at an adult that had upset him I made him take it down from his page. Sounding off in private, verbally isn't the same as putting it in writing in a public forum. The first is hearsay, the second is evidence.
Bryan314Feb 3rd 2011 2:47AM
@Linda I can't believe I'm defending this kid because he did something stupid, but, really, facebook is NOT like posting something in public. There's a different expectation of privacy. Remember: facebook posts are NOT public blog posts. They are limited in audience to friends and, at worst, friends of friends. It's somewhere between writing an open email to your friends and saying something in a public space. If the privacy settings are set properly, facebook is QUITE private and the expectation of privacy SHOULD preclude the application of sanctions for (potentially) libelous statements by any but the individuals for whom the communications are meant.
That said, I always ALWAYS counsel people to treat ALL internet communications as potentially public. Settings can be corrupted or mistakenly set, accounts can be left logged in (both yours and others), communications can be intercepted and no cypher is completely unbreakable given time, determination and skill.
I'm sure the kid HAS learned valuable lessons from this: 1)communications can be intercepted and 2)ultimately fairness and expectations of privacy will at least prevent official sanctions...though I suspect the teacher will hold a grudge from the tone of this whole situation so he'll learn the third, perhaps most important lesson: 3)unofficial sanctions still hurt.
hermanstarFeb 2nd 2011 9:48AM
Was the teachers name listed? Such as Linda wrote here If verbal it is speculation . If written it is evidence. Not quite, If the teachers name was listed, then it is evidence. If no name, then it is speculation, even if any local friends know who is being talked about, there is no definitive proof of who is being libeled. The same should be in force for the instructor if he/she vents about some snot nosed, pimply face,mentally incompetent teen.
exoticdoc2Feb 2nd 2011 10:15AM
Once again the vile ACLU has chosen the WRONG side of an issue. A one day suspension is a mild punishment for his behavior, but obviously the ACLU feels children should not be held accountable for their actions. Yeah, nice going ACLU, this trend is going to make things MUCH better. Can't have any discipline in the classroom, after all, since public schools are already such models of efficiency and the ideal learning environment. Most people haven't a clue how diseased ACLU thinking is in general, and they continue to foolishly hand them money hand over fist. Do a little reading, people, the ACLU is NOT your friend.
scottFeb 2nd 2011 11:28AM
a suspension for calling his teacher a jerk and fat ass comments placed outside of school such as in facebook? he did not threaten in any way or form! he was only "expressing" his own. one of his facebook friend is a traitor! the adults are mature and they should know better! they have gone too far! i'm so glad that ACLU took over and protect his rights! or should all children be banned from having a voice for themselves??? children needs to speak up and expresed their own feelings...or should all children hold up their own feelings and bottled up?
ErikaFeb 2nd 2011 11:25AM
Just another reason I am changing my career field to medical from Legal if a student is able to sue and win for being suspended for one day there is no justice he needed to be taught a lesson.
ulalumeMar 14th 2011 5:18PM
@enero2085
facebook isn't a public forum - you can't read status updates unless you're friends with them. In this case, it is like venting to your friends. I don't think the kid should be suspended for calling his teacher a "fat ass" to his friends.
bansheeFeb 2nd 2011 12:47PM
Are you kidding me? If my daughter did something like that I would be asking the school to EXTEND her suspension AND add on a special project that was somehow a service to the teacher or school.
FB is a public forum, not a private conversation or 'vent' - not to mention discussing a persons physical stature in a derogatory way is simply wrong. If he does this with teachers I have to wonder how he speaks to or about other kids.
These parents should be prepared for a future of legally bailing out their kid in adulthood, because they have just established for their kid that he need not have public respect for anyone.
LindseyFeb 2nd 2011 7:28PM
I just don't see why his parents would defend such nasty, boorish speech like that, even if it is free. If the child were complaining about the work, or the class itself it could be understandable, but to personally attack the teacher like that is entirely out of line. If it were my child, I would make the suspension in-school with an extra project. I'm so sick of seeing kids get their huge egos and senses of entitlement backed up like this. I am also completely disgusted by the way everyone thinks its okay to say such harsh and cruel things about people who are overweight.
MackFeb 3rd 2011 4:16PM
I would be the first to agree the kid was acting like a jerk. Unfortunately, the parent thinks it is not an issue, and it is the parent, not the school that has the responsibility for correcting her child. This is not a school matter- it was placed in a non-school site. Students do have rights of expression outside of school, and to give schools the right to search off-school sites and punish for things expressed away from school is very wrong. The kid is a jerk, the mom is a jerk, but if it is not punishable by law outside of school, the school needs to know it has boundaries too. The school is not and should not be the big brother that forces behavior away from school.