Students sue over pics

November 2, 2009
Back to TopCommentsE-mailPrintBookmark and Share
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?
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT