US Ed Dept Demanding Principals Censor More

Toe, The writes "Education Department officials are threatening school principals with lawsuits if they fail to monitor and curb students' lunchtime chat and evening Facebook time for expressing ideas and words that are deemed to be harassment of some students. Under the new interpretation of civil rights laws, principals and their schools are legally liable if they fail to curb 'harassment' of students, even if it takes place outside the school, on Facebook or in private conversation. When children are concerned, where is the line between protection and censorship?"

Re:Children don't have the right to free speech

[mr100percent]

Not really.
In the US, the Supreme Court upheld the right of free speech for students in Tinker vs. Des Moines School District [wikipedia.org]. Students can express as much free speech as they want provided it does not disrupt the learning environment, so outside-of-class speech is protected.

Unfortunately, Bush's appointees have essentially punched a gigantic hole into the previous ruling with Morse v. Fredrick [wikipedia.org], where the Roberts Court determined that if the school officials have a seemingly good reason, they can abrogate free speech rights. This looks pretty easy to abuse, a school could claim to be protecting student safety and thus have license to patrol facebook and punish students accordingly.

Re:The Land of the Free

[cappp]

Sections 1 and 2 of Article 3 [wikipedia.org] wherein the Supreme Court is established and it's jurisdiction defined. That court has, in turn, interpreted the constitution and found that children are treated differently under the law. Consider for example Tinker v. Des Moines Independent Community School District [wikipedia.org] where the court "allow[ed] schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." It is a murky legal area that reflects a complicated judical question about fundamental fairness.

Tucker Carleson

[jbolden]

Let me just point out the "original article" here is pointing to a news editorial site run by Tucker Carlson. The actual website run by the government dealing with bullying is http://www.stopbullying.gov/ [stopbullying.gov]

There is legislation pending in congress to make bullying more serious

Tyler Clementi Higher Education Anti-Harassment Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported. Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school. Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs. Directs the Secretary to publish a report of best practices for combating harassment at IHEs.

(Full Text: http://www.govtrack.us/congress/billtext.xpd?bill=s112-540 [govtrack.us])