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Family considers suing school district for suspending girl because of Facebook comments

Oak Grove student suspended for comments on Facebook

By Kelly Evenson - kelly.evenson@examiner.net
Posted Mar 16, 2010 @ 11:18 PM
Last update Mar 17, 2010 @ 10:18 AM
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Christy Wisemore is clear, she does not condone her daughter’s recent actions on Facebook where she used inappropriate language when referring to a fellow student at Oak Grove High School.

However, she said she does not feel it was the school’s responsibility to punish her daughter and feels the Oak Grove School District’s actions violate her daughter’s First Amendment rights.

“She didn’t do it on school equipment. She didn’t do it on school time. She didn’t do it while wearing any kind of (sports) uniform,” she said. “The biggest issue for me was knowing this was a freedom of speech issue.”

Wisemore’s daughter Megan, a freshman at Oak Grove High School, was suspended for three days late in February after a fight in the high school’s hallway. The fight was a result of words Megan posted on the social networking site, Facebook, in which she expressed her feelings toward another female student.

While Oak Grove High School was not named in the post nor was the name of the female student, high school administrators learned of the post. Following the fight, in which Megan was injured, Wisemore was told  the suspension was a result of the offensive comments that were made on Facebook and not the fight itself.

The other student involved was suspended for five days. Officials with the school district would not comment on the incident.

“No I don’t agree with the language she used, and she was punished immediately after it happened,” Wisemore said. “But for the school to step in and punish her, I feel, crossed the line.”

Not more than two weeks prior to the incident a federal magistrate in Florida ruled that students have a constitutional right to express their views on social networking sites such as Facebook. The ruling was in regard to a former high school student in Florida who was suspended by her principal after creating a Facebook page to criticize a teacher.

Wisemore said this ruling proves that Megan’s rights were violated. The family has contacted the ACLU about proceeding with legal action against the Oak Grove School District.

“Freedom of speech not only applies to adults, but to students as well. That is what is important to understand,” she said.

“If this was just about the fight, it would not be as much of an issue, but it’s not. This is about her right to express her feelings. The school should not have punished her for something she did at home. I am fighting for not only my daughter’s rights, but for the rights of all teenagers.”

Christy Wisemore is clear, she does not condone her daughter’s recent actions on Facebook where she used inappropriate language when referring to a fellow student at Oak Grove High School.

However, she said she does not feel it was the school’s responsibility to punish her daughter and feels the Oak Grove School District’s actions violate her daughter’s First Amendment rights.

“She didn’t do it on school equipment. She didn’t do it on school time. She didn’t do it while wearing any kind of (sports) uniform,” she said. “The biggest issue for me was knowing this was a freedom of speech issue.”

Wisemore’s daughter Megan, a freshman at Oak Grove High School, was suspended for three days late in February after a fight in the high school’s hallway. The fight was a result of words Megan posted on the social networking site, Facebook, in which she expressed her feelings toward another female student.

While Oak Grove High School was not named in the post nor was the name of the female student, high school administrators learned of the post. Following the fight, in which Megan was injured, Wisemore was told  the suspension was a result of the offensive comments that were made on Facebook and not the fight itself.

The other student involved was suspended for five days. Officials with the school district would not comment on the incident.

“No I don’t agree with the language she used, and she was punished immediately after it happened,” Wisemore said. “But for the school to step in and punish her, I feel, crossed the line.”

Not more than two weeks prior to the incident a federal magistrate in Florida ruled that students have a constitutional right to express their views on social networking sites such as Facebook. The ruling was in regard to a former high school student in Florida who was suspended by her principal after creating a Facebook page to criticize a teacher.

Wisemore said this ruling proves that Megan’s rights were violated. The family has contacted the ACLU about proceeding with legal action against the Oak Grove School District.

“Freedom of speech not only applies to adults, but to students as well. That is what is important to understand,” she said.

“If this was just about the fight, it would not be as much of an issue, but it’s not. This is about her right to express her feelings. The school should not have punished her for something she did at home. I am fighting for not only my daughter’s rights, but for the rights of all teenagers.”

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