Katherine Evans deserves some recognition, but the usual two-sentence blurb in the Darts & Laurels won’t cut it. Evans, a UF undergraduate, just helped set a legal precedent.
During her senior year at a public school in Pembroke Pines, Fla., Evans created a Facebook page to vent about her teacher, according to an article in The Miami Herald.
In an example of the classroom authorities overstepping their boundaries, the principal of the school suspended the honors student and forced her out of her AP classes — two months after Evans took the page down.
Evans sought to have the records of her suspension removed via lawsuit on the basis that the punishment was unconstitutional.
Her attempt to stand up for the First Amendment, without the prospect of an easy reward — the case was opened in 2008 — is commendable.
And U.S. Magistrate Barry Garber’s acknowledgment of her complaint is even more awesome.
Garber’s ruling Friday not only cleared the road to removing the unjust suspension from Evans’ record, it also started to lift the persistent fog of confusion surrounding law and the Internet.
With so many news stories and daytime talk shows about online bullying, it’s understandable why teachers and administrators might feel the need to intervene in Facebook rants.
The chance of a student becoming depressed or committing suicide after seeing comments made on the Internet exists. That’s why the authorities pursue people who make threats on social networking sites.
Police get involved in such crimes, not teachers or administrators, and even they aren’t always sure of how to treat the situation.
In fact, the legal approach to free speech on the Internet isn’t clear-cut because there are very few precedents to follow.
According to the magistrate’s ruling, however, as long as the comments made aren’t lewd or advising illegal activity, they’re protected by the Bill of Rights.
Huzzah, freedom of speech!
The thought of losing the ability to freely criticize others may not strike fear into the hearts of much of the UF Student Body, but all 300 million Americans need to understand how important the right to speak up is — whether they choose to do so on the proverbial soapbox or on a digital platform.
Both Evans and the magistrate understood the need to protect the 200-year-old rights in the modern day, and students should be happy.
Pupils have always complained about their teachers, and they always will, no matter the method. Now, however, they may be protected when making snide comments online.
But the ruling doesn’t only affect students. Every American with access a social networking Web site can take solace in the possible security of their bitchfests.
For instance, the ruling raises questions about employers’ powers to fire employees simply over job-related complaints on the Internet.
If the suspension of a student for a page about a teacher could be deemed unconstitutional, what would stop an employee from dissing his boss in a status update?
Kudos to you, Katherine Evans.
But in spite of the promise of this case, friending a supervisor or professor still probably isn’t a good idea.
