Schools vs. free (rude) speech

What Right Do Schools Have to Discipline Students for What They Say Off Campus? No right at all, argues civil libertarian Wendy Kaminer  in The Atlantic.

Griffith Middle School in Indiana aims to transform “learners today” into “leaders tomorrow.” Leaders of which country, I wonder, after reading the Griffith Middle School Handbook. North Korea? The U.S. Constitution appears to have no standing in Griffith.

Students can be suspended or expelled for “innuendos.”  The ban on profanity, pornography or obscenity includes  ”other inappropriate materials” and “using or writing derogatory written materials.”  This is “breathtakingly vague,” Kaminer writes. Griffith students may be expelled for “disrespect” toward staff or other students or for “disruptive behavior,” including “arguing.”

Idiotic rules like this are bound to be enforced idiotically, but the consequences for students are not amusing. Griffith Middle School is now being sued in federal court for expelling three 8th grade girls for engaging in a girlish exchange on Facebook that included jokes about classmates they’d like to kill. Their conversation, which lasted less than two hours, was conducted after school, on their own time and on their own computers.

The girls used “LOL” (laugh out loud), smiley faces and all caps to indicate sarcasm, writes Kaminer. They were joking. One of the allegedly threatened students said he didn’t feel threatened and knew the girls were joking. But someone’s mother complained. The girls were expelled for the rest of the school year for bullying, intimidation and harassment.

The students have a very strong First Amendment case — if the First Amendment retains any relevance in public schools. There’s no question that those of us not in actual or virtual custody of school authorities have the right to make jokes about killing each other. Student rights, however, are increasingly limited; anxiety about social media and hysteria about bullying or drug use have only been exacerbated by the post 9/11 authoritarianism that permeates our culture and our courts.

Has the campaign to end bullying — and the fear of school violence — gone too far?

A six-year-old boy in Colorado was suspended for sexual harassment for saying, “I’m sexy and I know it” to a girl standing next to him in the lunch line. The song is featured in a commercial for M&Ms.

Cole ad turns teachers red

New York City teachers are angered by Kenneth Cole’s billboard critical of teachers unions, reports Gotham Schools. The clothing company asks: ”Shouldn’t Everyone Be Well Red?” In smaller lettering, the billboard says, “Teachers’ Rights Vs. Students’ Rights.”

The company’s web site asks: “Should underperforming teachers be protected?”

Last year the same Manhattan billboard featured a pro-same-sex marriage message, coinciding with its legalization in New York State.

Kenneth Cole’s three daughters attended private schools; his youngest is currently a senior at a Westchester County private school. The designer is married to Maria Cuomo, whose brother is Gov. Cuomo.

An online petition asks the company to take down the “hurtful ad.”

Public college requires student drug tests

Every new student at a Missouri technical college must take a drug test. This appears to be most sweeping drug-testing policy at any public college or university in the U.S.  It’s undoubtedly headed for court.

Also on Community College Spotlight: In redefining success for community colleges should graduates’ “gainful employment” be considered?

Lawyered to death

Lawyered-up students are harassing teachers and administrators, writes George Will.

A 2004 survey reported that 78 percent of middle and high school teachers have been subjected to legal threats from students bristling with rights. Students, sensing the anxiety that seizes schools when law intrudes into incidental relations, challenge teachers’ authority.

Someone hurt while running at recess might sue the school district for inadequate supervision of the runner, as Broward Country knows: It settled 189 playground lawsuits in five years. In Indiana, a boy did what boys do: He went down a slide head first — and broke his femur. The school district was sued for inadequate supervision. Because of fears of such liabilities, all over America playgrounds have been stripped of the equipment that made them fun. So now in front of televisions and computer terminals sit millions of obese children, casualties of what attorney and author Philip Howard calls “a bubble wrap approach to child rearing” produced by the “cult of safety.”

In Washington state, students are entitled to a lawyer at a truancy hearing, an appellate court has ruled.