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Teens sue school after expulsion for online death threats

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The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.

S.M., J.D. and K.F. were in eighth grade at Griffith Middle School when, in January, they engaged in a conversation on Facebook. S.M. posted a status update about cutting herself while shaving her legs. J.D. and K.F. commented on the status, and eventually the comments turned to the girls joking about whom they would kill and how they would do it if they had the opportunity. The suit says the conversation was made in complete jest, which is evident by the repeated use of “emoticons,” characters that resemble faces, and capitalization intended to represent sarcasm. The suit claims the girls never intended to actually hurt anyone.

A mother of one of the girls' classmates notified the school principal about the conversation. The girls were originally suspended for 10 days and later expelled for violating the portion of the student handbook concerning bullying, harassment and intimidation. The lawsuit doesn’t identify whom the girls discussed killing and if those individuals were students.

The lawsuit alleges the girls’ First Amendment rights were violated by the disciplinary action taken by the school. They want to be able to return to school and have the disciplinary action removed from their records. The plaintiffs also seek damages and costs.

The ACLU of Indiana filed S.M., by her mother and next friend Bonnie Martin-Nolan, et al. v. Griffith Public Schools, No. 2:12-CV-160, in the Hammond Division of the Northern District of Indiana.

 

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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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