Students sue over pics

November 2, 2009
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Perhaps this suit can be a lesson to the generation growing up with MySpace, Facebook, and cell phones: What you post online can come back to haunt you.

Two high school sophomores in northern Indiana are suing their principal and the school corporation because they were suspended from some extracurricular activities and had to attend mental health counseling because of pictures posted on MySpace.

These two girls, and some other friends, put on lingerie, tucked dollar bills into their clothes, and posed with phallus-shaped lollipops because they thought it would be funny. It would be even funnier to post them online for all their MySpace “friends” to see.

Someone tipped off the school’s principal about the pictures, and he suspended them from some after-school activities, including athletics, and made them participate in three counseling sessions to lessen their punishment.

The principal has the authority to do this based on the school corporation’s code of conduct.

The students say the punishment for activity that happened outside of school and in no way identified the school violated their First Amendment rights. They want this to be a class action suit with the court entering a permanent injunction to prevent the principal from punishing students for out-of-school conduct and to expunge this incident from the plaintiffs’ records.

Do the students have a legitimate case against the school and principal when the school’s code of conduct says the principal has the authority to exclude any student-athlete if conduct out of school reflects poorly on the school? Can schools punish students for online posts when you can’t immediately tell which school the student is affiliated with?

Something else that jumped out in the suit: The students are now “extremely reluctant” to post pictures on their MySpace pages or share pictures, e-mails, or other communications with their friends because of fear that will lead to further punishment, even if they don’t interfere with the school. That’s a good thing. A lot of people, especially kids who don’t know a world without the Internet, don’t realize that posting questionable photos or comments online can come back to haunt you.

It’s one thing for a sophomore girl, who’s probably 15 when these photos were taken, to post a picture of her and her friends at a slumber party. It’s another thing when those pictures involve underage girls in lingerie and holding penis-shaped lollipops. Could that be considered child pornography?
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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