Comment Let the Legal Games Begin (Score 1) 438
By nature, humans are not happy unless they are faced with some challenge, real or perceived. For most, it is enough merely to know that it is there so that you have something to blame all of your problems on. For the rest though, those of us that have the brains to back up the bitch, we solve problems.
'Course, there will always be a few imbeciles who were promoted higher than they needed that take matters into their own hands to look important. Often, this involves creating policies that turn out to be illegal or more scare-tactic than actual force. Take this school district for example.
"High school students are going to be held accountable for what they post on blogs and on social-networking Web sites"
US v. Baker- E-mail messages were ruled as not "constitut[ing] a credible threat," i.e. because they cannot rule for intent, or even for actual ownership of said messages, the internet provides insufficient evidence. Although a website might save an IP address, or a Myspace account might say it is written by Jimmy, it cannot actually be proven who did or said what on the internet.
"evidence of "illegal or inappropriate" behavior posted on the Internet could be grounds for disciplinary action"
The Federal government will not back them up on that claim. Firstly, "illegal or inappropriate" is too vague to be supported in a legal suit. Secondly, inappropriate is subjective, and illegal can apply to the messages or the content, and as the messages are not created in an illegal manner (the internet is not illegal, for now:D) then they are technically not illegal.
"District officials won't regularly search students' sites, but will monitor them if they get a worrisome tip from another student, a parent or a community member."
And if this is in fact the case, then they can say goodbye to federal and state funding. No self-respecting teacher is going to have the task of "read students blogs" added to their duties, and no miserly government organization is going to give money to a school in order to employ someone to monitor everything a student says.
Freedom of speech, although rendered subject to a few conditions by Congress, does in fact mean that you can tell your friends that your teacher is a moron and that you wish you could set his house on fire.
You just can't actually set it on fire.
Other than that, Let Freedom Ring, ladies and gents.
The Abadon
'Course, there will always be a few imbeciles who were promoted higher than they needed that take matters into their own hands to look important. Often, this involves creating policies that turn out to be illegal or more scare-tactic than actual force. Take this school district for example.
"High school students are going to be held accountable for what they post on blogs and on social-networking Web sites"
US v. Baker- E-mail messages were ruled as not "constitut[ing] a credible threat," i.e. because they cannot rule for intent, or even for actual ownership of said messages, the internet provides insufficient evidence. Although a website might save an IP address, or a Myspace account might say it is written by Jimmy, it cannot actually be proven who did or said what on the internet.
"evidence of "illegal or inappropriate" behavior posted on the Internet could be grounds for disciplinary action"
The Federal government will not back them up on that claim. Firstly, "illegal or inappropriate" is too vague to be supported in a legal suit. Secondly, inappropriate is subjective, and illegal can apply to the messages or the content, and as the messages are not created in an illegal manner (the internet is not illegal, for now:D) then they are technically not illegal.
"District officials won't regularly search students' sites, but will monitor them if they get a worrisome tip from another student, a parent or a community member."
And if this is in fact the case, then they can say goodbye to federal and state funding. No self-respecting teacher is going to have the task of "read students blogs" added to their duties, and no miserly government organization is going to give money to a school in order to employ someone to monitor everything a student says.
Freedom of speech, although rendered subject to a few conditions by Congress, does in fact mean that you can tell your friends that your teacher is a moron and that you wish you could set his house on fire.
You just can't actually set it on fire.
Other than that, Let Freedom Ring, ladies and gents.
The Abadon