CYBER-BULLYING MAY BE CRUEL, BUT IT IS CONSTITUTIONAL

12/31/2009

LOS ANGELS- A US District judge in LA sided with the student, saying the school went too far. Amid rising concerns over cyber-bullying, and even calls for criminalization, some courts, parents, and free speech advocates are pushing back - students, they say, have a First Amendment right to be nasty in cyberspace . A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student "spoiled," a "brat," and a "slut." Read the article here.
The suspended student took the case to federal court, saying her free speech rights had been violated. See J.C. v. Beverly Hills Unified School District, Case No. 08-cv-03824, California, U.S. District Court (2009). Last month, U.S. District Court Judge Stephen V. Wilson sided with her. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption of the school's activities, runs afoul of the law," wrote Judge Wilson in a 60 page opinion.
Click here to read the court's decision http://lawyersusaonline.com/wp-files/pdfs/jc-v-beverly-hills.pdf mohttp://www.boston.com/news/nation/articles/2009/12/14/judge_rules_students_cruel_remarks_online_are_not_unconstitutional/This decision.

This decision his decision

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4 Comments

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FREE SPEECH ON THE NET IS NOT 'FREE'. PEOPLE GO TO JAIL FOR BLOGGING ALL OF THE TIME. THE EQUAL JUSTICE PARTY IS FIGHTING TO MAINTAIN THE FIRST AMENDMENT WHICH IS SUPPOSE TO GUARANTEE FREEDOM OF SPEECH. , the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Police Dep't of Chicago v. Mosley, 408 U.S. 92, 95, 33 L. Ed. 2d 212, 92 S. Ct. 2286 (1972); see also Consolidated Edison Co. v. Public Serv. Comm'n, 447 U.S. 530, 537, 65 L. Ed. 2d 319, 100 S. Ct. 2326 (1980)

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Manalauis

12/30/2009 10:27:31 am

Stoller is not a "cyber Bully"

Anon

12/30/2009 11:56:01 am

I supposed whether Stoller is a cyber bully is debatable. What is clear is that he is a lying scumbag and coward.

Scumbag

12/31/2009 08:47:28 am

Happy New Year Anon

David Stone

12/31/2009 11:12:11 am

I won't have given Brooke a "dime" either.

This decision supports his free sppeech rights to reverse Judge Bellows unconstitutional ruling that put him in the county Jail for 37 days. He is going to sue all of those responsible in January for over 50 million dollars. That includes you and your parents.
He can't wait.
See you in court for the "rest" of your life Baby!
Happy New Year! O by the way did you pay the mortgage this month?
O by the way your lawyer needs another $10,000 grand!

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