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. Do you know who the sponsor of the last-minute amendment was?

  2. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  3. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  4. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  5. Don't we have bigger issues to concern ourselves with?

ADVERTISEMENT