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Schools and freedom of expression

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thenatureboy420

Junior Member
What is the name of your state? Michigan

Before I post my question, I would like to ask that if you think the subject matter of my post is immature, then just don't post. I already expect there to be plenty of posts telling me that this is immature and childish. And I know it is, but I dont care. I don't care about anyones opinion on whether or not it's mature, i'm asking about the legality of it. This is a legal advice forum, and thats what I am here for, advice.

There is a kid that I really hate at school, and we have had numerous exchanges. The administration got involved, and we were told to never talk to eachother. I recently found a picture of him wearing a dress, which is already publicly posted. If I were to post this on my website (myspace), with a small caption making fun of him, could the school suspend me or punish me? I know this is immature, but I just want to know if it's legal.
 


BelizeBreeze

Senior Member
thenatureboy420 said:
What is the name of your state? Michigan

Before I post my question, I would like to ask that if you think the subject matter of my post is immature, then just don't post. I already expect there to be plenty of posts telling me that this is immature and childish. And I know it is, but I dont care. I don't care about anyones opinion on whether or not it's mature, i'm asking about the legality of it. This is a legal advice forum, and thats what I am here for, advice.

There is a kid that I really hate at school, and we have had numerous exchanges. The administration got involved, and we were told to never talk to eachother. I recently found a picture of him wearing a dress, which is already publicly posted. If I were to post this on my website (myspace), with a small caption making fun of him, could the school suspend me or punish me? I know this is immature, but I just want to know if it's legal.
I was going to answer you until you came here and told us what NOT to do or say.

What right do you think you possess to tell people who volunter their tiem and education to help you when you ASK FOR HELP, that they are ONLY allowed to tell you what you want to hear.

Guess what bubba, you're asking for a freedeom of speech answer while restricting other's like freedom.

So, no answer from me. You get to do your own research.
 

thenatureboy420

Junior Member
I'm not restricting your freedom of speech, im just asking kindly if I could get some mature responses, unlike many other times that I have posted questions, or seen questions that were rudely responded to. I was just hoping to stop the few people that would read it, say "who does this guy think he is" and then post something about how putting up that picture would be immature etc. etc. etc.

I am not trying to tell people to only tell me what I want to hear, I'm just asking for a mature, reasonable, on topic answer.
 

Ohiogal

Queen Bee
thenatureboy420 said:
I'm not restricting your freedom of speech, im just asking kindly if I could get some mature responses, unlike many other times that I have posted questions, or seen questions that were rudely responded to. I was just hoping to stop the few people that would read it, say "who does this guy think he is" and then post something about how putting up that picture would be immature etc. etc. etc.

I am not trying to tell people to only tell me what I want to hear, I'm just asking for a mature, reasonable, on topic answer.
Well you already know it is immature yet you want us to be mature? Hypocrite much?
Anyway, legally that brings up problems with libel/slander/defamation. The school could get involved and suspend you because you are violating the spirit of their prohibition.
And there may be other legalities involved based on what exactly you plan to say.
 

thenatureboy420

Junior Member
Ohiogal said:
Well you already know it is immature yet you want us to be mature? Hypocrite much?
Anyway, legally that brings up problems with libel/slander/defamation. The school could get involved and suspend you because you are violating the spirit of their prohibition.
And there may be other legalities involved based on what exactly you plan to say.
As part of a legal advice forum, I'd expect the posters to act maturely, and not attack the poster, just give legal advice. That's the mature thing to do. I'd be a hypocrite if I was posting immature posts all over the website, but that's what I'm trying to avoid.

But thanks for the advice.
 

rachel4

Member
thenatureboy420 said:
As part of a legal advice forum, I'd expect the posters to act maturely, and not attack the poster, just give legal advice. That's the mature thing to do. I'd be a hypocrite if I was posting immature posts all over the website, but that's what I'm trying to avoid.

But thanks for the advice.
I admire you kid. I think it's pretty mature and responsible of you to post your legal question in here. And I agree with you 100% about some people attacking the poster's (like you said tho, it is only a very few).
Sounds like you got the correct legal answer for your question. I hope you decide against posting that pic of that other kid. I'm sure you have good reason to want to embarass him this way, but, you'll regret it somewhere down the line, or it might backfire somehow.
Be bigger than that;)
rachel
 

badapple40

Senior Member
Is the picture actually of him, or is it some photoshop job?

If it is actually of him, where was it taken?

I don't think this is a defamation issue, if it is actually of him.

And unless someone took the picture by breaking into his home or otherwise procuring it in a private place, I'd say there is no issue regarding invasion of privacy.

As for the school... the school cannot regulate your private conduct. Many schools think they can, but they cannot. That doesn't attempt them from trying to suspend you, however, and you having to fight it in court. Do you really want to risk that over this website?
 

Quaere

Member
As long as you can prove the photo was already on display in a public place, I don't see any problem reprinting it.

The caption is where you may get yourself into trouble. A caption that implies the existance of defamatory facts about the individual pictured, can get you sued. It only has to IMPLY something negative and false about the person.

As someone else said, it is not worth the risk.
 

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