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Old 04-10-2007, 06:19 PM   #1
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myspace legal battle

Girl wins legal battle for free speech on MySpace

(4/10/07 - INDIANAPOLIS, IN) - A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled.


The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records.

"While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion.

In February 2006, Greencastle Middle School Principal Shawn Gobert discovered a Web page on MySpace purportedly created by him. A.B., who did not create the page, made derogatory postings on it concerning the school's policy on body piercings.

The state filed a delinquency petition in March alleging that A.B.'s acts would have been harassment, identity deception and identity theft if committed by an adult. The juvenile court dropped most of the charges but in June found A.B. to be a delinquent child and placed her on nine months of probation. The judge ruled the comments were obscene.

A.B. appealed, arguing that her comments were protected political speech under both the state and federal constitutions because they dealt with school policy.

The Court of Appeals found that the comments were protected and that the juvenile court had unconstitutionally restricted her right of free expression.

There was no number for Shawn Gobert in publishing phone listings. The Associated Press left a message seeking comment Monday at Greencastle Middle School.



Okay so this sounds stupid as , but technically speaking she should have stayed in trouble for what she did.. When it comes to the law, I think she was wrong. When it comes to her as an individual, she had too much time on her hands.

I just had to post it because I thought it was funny.
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Old 04-10-2007, 06:30 PM   #2
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good article and nice new avatar.........
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Old 04-10-2007, 08:33 PM   #3
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i'm on the girl's side. students should be able to curse their teachers/principals/schools off of school grounds. i remember one of my teachers was real horrible to me and I used to post her phone # in chat rooms in the A.M. until she changed her #. lesson:don't treat your students like .
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Old 04-10-2007, 08:58 PM   #4
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yeah! the rate my professor website only helps ppl decide on classes, but failes to really explain why the teacher is such a total sack
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Old 04-11-2007, 10:44 AM   #5
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Quote:
Originally Posted by AliceInChains02
i'm on the girl's side. students should be able to curse their teachers/principals/schools off of school grounds. i remember one of my teachers was real horrible to me and I used to post her phone # in chat rooms in the A.M. until she changed her #. lesson:don't treat your students like .


Yea she does have the right to say whatever about her teacher, but to make a myspace in his name???
She was wrong and stupid for it.
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Old 04-11-2007, 10:54 AM   #6
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Originally Posted by CrystalBystal
Yea she does have the right to say whatever about her teacher, but to make a myspace in his name???
She was wrong and stupid for it.
I didn't see that. Was she pretending to be the principal? I don't know the laws regarding fraud or whatever that might constitute, but I still don't think it's that big of a deal and certainly shouldn't be a criminal matter.
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Old 04-11-2007, 10:58 AM   #7
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If they were punishing her for what she said then there was a problem, but as I understand it, she was falsifying her identity and should have stayed in trouble were that the case imo. :eh:
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Old 04-11-2007, 11:04 AM   #8
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Quote:
Originally Posted by CrystalBystal
In February 2006, Greencastle Middle School Principal Shawn Gobert discovered a Web page on MySpace purportedly created by him. A.B., who did not create the page, made derogatory postings on it concerning the school's policy on body piercings.
this says she DID NOT create the page...therefore, how can that be a case of false Identity? Someone obviously made it in his name, but the girl in question is said to have NOT done it. So I'd have to say she did no wrong here. Free speech FTW!!!
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Old 04-11-2007, 11:08 AM   #9
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Quote:
Originally Posted by jus10
this says she DID NOT create the page...therefore, how can that be a case of false Identity? Someone obviously made it in his name, but the girl in question is said to have NOT done it. So I'd have to say she did no wrong here. Free speech FTW!!!
I had to go back and read it closely to see that she didn't create the page ( the media!).

I say free speech.
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Old 04-11-2007, 11:43 AM   #10
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Quote:
Originally Posted by jus10
this says she DID NOT create the page...therefore, how can that be a case of false Identity? Someone obviously made it in his name, but the girl in question is said to have NOT done it. So I'd have to say she did no wrong here. Free speech FTW!!!
oHHHH...I had to go re-read that as well! Yep, definately free speech if she didn't create the page. I wonder where the they got the thought that "A.B.'s acts would have been harassment, identity deception and identity theft if committed by an adult"?
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Old 04-11-2007, 11:44 AM   #11
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oHHHH...I had to go re-read that as well! Yep, definately free speech if she didn't create the page. I wonder where the they got the thought that "A.B.'s acts would have been harassment, identity deception and identity theft if committed by an adult"?
tryin to make it look worse than it is...."just pin it on someone!"
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Old 04-11-2007, 11:46 AM   #12
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Quote:
Originally Posted by jus10
tryin to make it look worse than it is...."just pin it on someone!"
That's ridiculous...n kind of libelous :eh:
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Old 04-11-2007, 11:48 AM   #13
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This reminds me of the two guys that are being charged with arson for burning a flag. Now I don't agree with flag burning in the least but until there is a law against it then it is covered under free speech.
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Old 04-11-2007, 11:55 AM   #14
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This reminds me of the two guys that are being charged with arson for burning a flag. Now I don't agree with flag burning in the least but until there is a law against it then it is covered under free speech.
As far as I understand, it has to be during a protest. Those dipshits weren't protesting, but merely being 'tards!

Annnnnnnnnnnnnnd it was a flag that was on someone's house!!!!
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Old 04-11-2007, 12:02 PM   #15
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Quote:
Originally Posted by jus10
As far as I understand, it has to be during a protest. Those dipshits weren't protesting, but merely being 'tards!

Annnnnnnnnnnnnnd it was a flag that was on someone's house!!!!
They failed to mention that on the radio this morning (the fact that it was someone elses flag), shoulda did my research but I didn't really much care about the story to be honest. Now I think that-until there is a new law introduced- you should be able to burn it whereever you want, before, during or after a protest. The fact that it was someone elses flag makes it vandalism, theft and arson. I'd charge them with all three and anything else that were possible, I really can't stand people who disrespect peoples personal property.
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Old 04-11-2007, 12:05 PM   #16
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They failed to mention that on the radio this morning (the fact that it was someone elses flag), shoulda did my research but I didn't really much care about the story to be honest. Now I think that-until there is a new law introduced- you should be able to burn it whereever you want, before, during or after a protest. The fact that it was someone elses flag makes it vandalism, theft and arson. I'd charge them with all three and anything else that were possible, I really can't stand people who disrespect peoples personal property.
and that's how the story goes.... But I agree with you here 100%
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Old 04-11-2007, 02:25 PM   #17
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I actually call it gayspace. Don't have anything to do with it. Your gonna get what you get when you publicize yourself.
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Old 04-11-2007, 08:57 PM   #18
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Quote:
Originally Posted by jus10
this says she DID NOT create the page...therefore, how can that be a case of false Identity? Someone obviously made it in his name, but the girl in question is said to have NOT done it. So I'd have to say she did no wrong here. Free speech FTW!!!

Sorry... I just re-read it... What I would like to know is what she said that got her in trouble... It must have been personal (hatred) opinions about the rules at the school.... Still stupid!
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Old 04-11-2007, 09:04 PM   #19
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Quote:
Originally Posted by Rick H.I.C.
I actually call it gayspace. Don't have anything to do with it. Your gonna get what you get when you publicize yourself.

+1
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Old 04-20-2007, 07:47 PM   #20
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Quote:
Originally Posted by CaJuNsOuLjA
If they were punishing her for what she said then there was a problem, but as I understand it, she was falsifying her identity and should have stayed in trouble were that the case imo. :eh:
i agree with this.. if she dint agree with that teacher and was fighting for freedom of speech by posting that well

she also violated the teacher's right of privacy by posting that in a public website

we all have freedom of speech but, we all also have the right to privacy
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