help daughter wrote something about teacher in the internet

[mac3281]

What is the name of your state?NJ I need advice. My 13 year old daughter has a website on myspace.com. One of her friends wrote to her and said something that wasnt nice about their spanish teacher. My daughter wrote back to her friend and said "Mrs._____ has a Penne" and in that same box where she wrote, my daughter put a picture of kermit the frog looking like he is having anal sex with a stuffed animal. (penne is not a word in spanish. I guess the girls pretended it is the word penis in spanish). None of this was done on school time. The principal called me in and the teacher came in with the building rep. from the union. She said she is going to sue us. Does she have a case?

 

[BelizeBreeze]

What is the name of your state?NJ I need advice. My 13 year old daughter has a website on myspace.com. One of her friends wrote to her and said something that wasnt nice about their spanish teacher. My daughter wrote back to her friend and said "Mrs._____ has a Penne" and in that same box where she wrote, my daughter put a picture of kermit the frog looking like he is having anal sex with a stuffed animal. (penne is not a word in spanish. I guess the girls pretended it is the word penis in spanish). None of this was done on school time. The principal called me in and the teacher came in with the building rep. from the union. She said she is going to sue us. Does she have a case?

Tell this teacher she needs to go back to college, this time reading and comprehension. Then give her a copy of the 1st amendment and the Tinker decision from the U.S. Supreme Court.

ANd after this meeting, have a 'come to jesus' with little daughter. The business end of a hickory switch is a nice 'reminder' of how to grow up.

 

[absconder]

Daughter messed up and needs to be hels acountable. NO EXCUSES.

 

[seniorjudge]

What is the name of your state?NJ I need advice. My 13 year old daughter has a website on myspace.com. One of her friends wrote to her and said something that wasnt nice about their spanish teacher. My daughter wrote back to her friend and said "Mrs._____ has a Penne" and in that same box where she wrote, my daughter put a picture of kermit the frog looking like he is having anal sex with a stuffed animal. (penne is not a word in spanish. I guess the girls pretended it is the word penis in spanish). None of this was done on school time. The principal called me in and the teacher came in with the building rep. from the union. She said she is going to sue us. Does she have a case?

Penne is French for a large wing or tail feather, so if Mrs. _____ has a large wing or tail feather, then it's okay.

 

[absconder]

Yea but froggy stuffin the animal is quite explicit.

 

[seniorjudge]

Yea but froggy stuffin the animal is quite explicit.

Puppet porn? That does NOT violate ANY porn law that I know of!

 

[PhiKappaPhi]

Kermit

It doesn't sound like it. The picture is in poor taste but satirical in nature. Teachers are public figures and can be publicly denounced. This is a joke between to girls. Teacher is rightfully upset, but in these days of Columbine type problems, teacher should get over it. Punish the girls.

 

[BelizeBreeze]

It doesn't sound like it. The picture is in poor taste but satirical in nature. Teachers are public figures and can be publicly denounced.

WRONG! Now I suggest you do a little more background on the legal definition of what a 'public' figure means.

 

[seniorjudge]

It doesn't sound like it. The picture is in poor taste but satirical in nature. Teachers are public figures and can be publicly denounced. This is a joke between to girls. Teacher is rightfully upset, but in these days of Columbine type problems, teacher should get over it. Punish the girls.

As a courtesy to those reading this forum, please put in your signature that you are not a lawyer and that you are making uneducated guesses. Thank you.

 

[PhiKappaPhi]

Belize

Here in TN, anyone can walk in off the street and find out a teacher's pay, home address, phone number, license types, criminal background, and almost anything else because they are considered public servants and public figures. Now, not many people bother to look up that info, but it is accessible.

I guess I should sue the attorneys who teach in their lectures that teachers have been considered persons of public interest.

Note to seniorjudge: Not an attorney. Have BS in Criminal Justice, M.Ed. M.S.CJ. and am pursuing Ph.D. in Criminology. Work for law firm, and senior partner is the prof who discussed in lecture the teacher's status. Teach criminal justice classes. Hope this disclaimer suits you.

One thing that I have noticed about this site is the unbelieveable rudeness of some of the members. Belize, some people need help, advice, etc. I can't imagine how you must make them feel. Not that you care.

 

[xavier2000]

I don't think there is no need to look at the public figure aspect. First it must be determined if it fits the common law tort of libel/defamation. Mocking someone does not fit the bill, especially when crude, vulgar, and robust language is used. Generally, for something to be libel, it must be:

1. A false statement of a fact
2. About the "Plaintiff"
3. Unprivileged
4. and depending on the type of libel, cause damage

Libel is a VERY tough case to win. Generally, libel in an unfavored cause of action. There are also a TON of privileges to use as a defense, absolute and qualified.

Since based on your report, the language used does not appear to be defamatory on its face to the avergae reader. Hence, that would tend to make it possibly libel per quod. If that is the case, then special damages must be shown as opposed to damages being assumed.

Basically, I would tell the teacher to take their penne and go blow smoke up someone else's rear end.

 

[BelizeBreeze]

Here in TN, anyone can walk in off the street and find out a teacher's pay, home address, phone number, license types, criminal background, and almost anything else because they are considered public servants and public figures. Now, not many people bother to look up that info, but it is accessible.

I guess I should sue the attorneys who teach in their lectures that teachers have been considered persons of public interest.

Note to seniorjudge: Not an attorney. Have BS in Criminal Justice, M.Ed. M.S.CJ. and am pursuing Ph.D. in Criminology. Work for law firm, and senior partner is the prof who discussed in lecture the teacher's status. Teach criminal justice classes. Hope this disclaimer suits you.

One thing that I have noticed about this site is the unbelieveable rudeness of some of the members. Belize, some people need help, advice, etc. I can't imagine how you must make them feel. Not that you care.

Do you really think you know what the hell you're talking about? I suggest you make a little trip to Nashville, Perhaps the third estate on Moran Rd. out in Franklin, where you'll have a very thorough discussion with one of the most prestigeous Constitutional scholars in the state, or maybe have a stop at 5TH Avenue North and Deaderick and have a talk with the judicial committee.

THEN maybe you'll learn something.

 

[xavier2000]

Courts have often commented that defamation if unfavored. It often strikes at first amendment protections and is being used more and more to chill speech.

As for privileges available, opinion is protected. In some states it is absolute and in some it is qualified. You have to consider if it is mixed opinion or not, but generally opinion comes under 1st amend. There is a fair report privilege. Let us not forget that a statement of truth is privileged. Legal proceedings are protected as well as legislative. That is why the left and right wing and call each other whores and nothing can be done. If someone already has a poor reputation, there have been defenses that have included that. Also if you did not intend for others to hear the statements, they could be protected as well.

Another further comment on public figure status....if someone thrusts themselves into the controversey, then typically they take on public figure status. Say for example the teachers union in this district was in contract talks and Teacher X his taking up their cause for a 10% raise and other demands. If Taxpayer Y says that Teacher X is a greedy whore for wanting more money, it could be established that the teacher is a public figure for this purpose only and thus the statement must have been made with malice to be actionable.