Comment And the award for failing to comprehend... (Score 1) 319
The student should have definitely been sued, and I'm disappointed the ACLU is defending them, because if their defense is successful my kids will be going to school with teachers and principals that are pedophiles, rapist, murders and drug dealers... or at least that's what it says when I do a google search if the ACLU gets their way.
The ACLU is not defending their actions, they are defending them against inappropriate punishment. There is a difference.
Had the school referred the matter to the parents, or the "injured party" filed a civil act against them, the ACLU would not have been involved. Instead, the school instituted an administrative punishment, which affected the student at school, for actions that were not taken within the school's jurisdiction.
For those who do not understand the difference: You leave work (where your boss is a Carrie Nation fan*). You stop for a libation on the way home. You are then docked half a day's pay for that action. If you are not on call (and therefore not on the company's time), should you pay the penalty?
*For those who don't understand the reference, think "Prohibition".