Monday, August 3, 2009

Here comes the Judge! 1-3

Please react to each scenario in a blog post in which you 1) render your judgment and 2) rational for your judgment. Include advise for avoiding such grievances in the future.

1. Middle school students posted a social networking profile of the school principal indicating he was a pedophile and sex addict. Can the school punish the student although the student created the site at home? How does the first amendment protect the student? Does it protect the student?
My judgement is that the student should be punished by way of suspension, or even expulsion depending on how many people in the community have viewed the profile. The First Amendment is about the freedom of speech, and the student is showed a defamation of character toward the principal. The student has showed the characteristic of libel, which is written derogatory statements. The First amendment could protect the student to some extent but to use libel against a principal could result in the principal being placed on leave or even terminated from his job.

2. A female vice-principal sued students and parents claiming intentional infliction of emotional distress, conspiracy, defamation, libel, and negligence when the students posted a fake social networking profile that displayed her name and photo along with explicit, graphic sexual content. Was the vice-principals' suit successful? Why or why not?
Judgement: Yes, her suit could be successful IF in fact she can prove the falisity of the info and photos, i.e. libel. If she can prove conspiracy to end her career, than the suit would also be successful. If both of these are successful, than she could possibly sue for distress. If none of these can be proven, than the First amendment will protect the students.

3. A middle school student creates a vulgarity-laced social network tirade against her former principal. The principal sues for harassment. Is the principal successful in her suit?
Judgement: No, the principal is not successful because the tirade could be labeled as libel, not harassment. Harassment refers to a threat. If the vice principal was not threatened, than the First Amendment would protect the former student.

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