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Facebook rants are free speech

by on17 February 2010


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You can't be expelled for them


A kid who
set up a Facebook page to complain about her teacher had every right to do so under the First Amendment, a US magistrate has ruled.

Katie Evans was suspended for posting the page and her record predominantly blighted by her school for the posts she wrote. This being an American case the kid has sued her principal Peter Bayer. He tried to have the case thrown not but the Judge has said it must continue.

To make matters worse  the principal could be forced to pay up if Evans, now 19 and a journalism student at the University of Florida, is victorious. If Evans wins the case it could set a precedent in cases involving speech and social networking on the Internet, experts say.

The judge said that Evans' speech falls under the wide umbrella of protected speech. It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behaviour.

The situation was aggravated by the fact that the principal suspended Evans two months after she had taken the page down.  Any disruption had long ended and the Principal seemed to be punishing after it ceased to be relevant.
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