Indiana case the latest to address the limits of school discipline in the digital era
Primary Topic Channel: Safety & security
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Two sophomore girls have sued their school district after they were punished for posting sexually suggestive photos on MySpace during their summer vacation.
The American Civil Liberties Union, in a federal lawsuit filed last month on behalf of the girls, argues that Churubusco High School in Indiana violated the girls' free-speech rights when it banned them from extracurricular activities for a joke that didn't involve the school. They say the district humiliated the girls by requiring them to apologize to an all-male coaches' board and undergo counseling.
Some child advocates argue that schools should play a role in monitoring students' behavior, especially when dealing with minors. And the U.S. Supreme Court has ruled that students can be disciplined for activities that happen outside of school, as long as the school can prove the activities were disruptive or posed a danger and that it was foreseeable the activities would find their way to campus.
But some legal experts say that in this digital era, schools must accept that students will engage in some questionable behavior in cyberspace and during off hours.
"From the standpoint of young people, there's no real distinction between online life and offline life," said John Palfrey, a Harvard University law professor and co-director of the Berkman Center for Internet and Society. "It's just life."
In the Indiana case, the ACLU argues that the district and Churubusco Principal Austin Couch went too far in banning the two sophomores from fall sports, requiring them to apologize to the all-male coaches' board and undergo counseling after the photographs were circulated at school.
The lawsuit, filed in U.S. District Court in Fort Wayne, names Couch, the high school, and the district as defendants and seeks unspecified damages. No hearing has been scheduled.
Erik Weber, an attorney for the Smith-Green school district, said Couch was enforcing the northeast Indiana school's athletic code, which allows the principal to bar from school activities any student-athlete whose behavior in or out of school "creates a disruptive influence on the discipline, good order, moral, or educational environment at Churubusco High School."
Martha McCarthy, who teaches educational law and policy at Indiana University, said courts have upheld such policies, but that the issue could come to a head as advances in technology bring more out-of-school behavior issues to light.
"I think the Supreme Court's going to have to address this," she said.
ACLU legal director Ken Falk insists the Churubusco case doesn't warrant the punishment the district handed out.
"We all did things when we were sophomores in high school that can be construed as immature or problematic or whatever, but that is not the issue here," he said. "The issue is what possible impact this could have on the school environment, and the answer is none."
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In my opinion it was wrong for the girls to take those kinds of pictures but i don't understand why they have to apologize to all the male coaches cause of a stupid mistake they made honestly it's not that serious for them to take it up with the supreme court it's just crazy to me how these school's take things to seriously
Posted By: tayjathompson, 2009-11-09 11:06 AM
student from office tech.
my oppinion is that the school did have the right to discipline the two girls because had they not put the pictures on myspace no one would have seen them in the first place, but i also think the students that put the pictures out there should also get some type of discipline.
Posted By: chakeil22, 2009-11-09 8:58 AM
Elizaebth Flores
In my opion these two somophmore girl should of think about what they did.They should of gotten a hole week of in house.
Posted By: elizabeth flores, 2009-11-09 8:57 AM
Once the photos were criculated at school, it became the school's problem and right to do something about it. But what about punishing those that copied and passed around the photos? While taking the photos was not on school property, circulation was, and those are the students who should be punished.
Posted By: bannistc, 2009-11-03 11:55 AM
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In my eyes, I believe that what them two girls done was inappropriate. I understand that they put them up on myspace for just friends to see, but there was no point for them pictures. The ones that had printed out the pictures and gave it out to the whole entire school should have consequences as well because this issue is twice as much of their problem too. If they never done what they did, nothing would've happened. Also, i think the school had the right to interfere because what kind of principle would want their athlete students taking pictures like that when they should set a good example to others.. That's just my opition.
Posted By: omeiry, 2009-11-09 12:27 PM