Original post with copy of complaint.
The Madison County School District provided a few more details in its response to a lawsuit filed by the family of an expelled student. The district transferred "J.B." from Germantown High School to the alternative school in Canton after he posted a nude picture of a 14-year old student on Instagram.
The parents sued the school district in September. This website reported:
The complaint states a female student sent a nude picture of herself to "one or more" students via their cellphones. The plaintiffs state the school expelled their son for posting the picture online while at school.... They argue the district violated his rights to free speech and freedom from cruel and unusual punishment.
However, the district stated in its answer (posted below):
Defendant denies the allegation regarding the name of the Instagram page. One Instagram page was entitled "Germantown High Whores," as admitted by Plaintiff's counsel in his February 14, 2014 to Superintendent Ronnie McGehee. This Instagram page contained Germantown High School's colors and part of the school's logo. The Instagram page also said that if anyone knew of any whores at Germantown, to let him know and he would post a "pic" of them. Defendant denies that J.B. uploaded only one nude picture. During school hours, J.B. posted several nude photographs of at least three female Germantown High School students on the Instagram pages he created. Defendant is without sufficient information to admit or deny that J.B. was on a "break" from class when he uploaded the nude picture, accordingly, that allegation is denies.
So it appears Junior was posting several nude pics of female students who were probably minors on Instagram while on school property. JJ reported in the original story:
The plaintiffs argue that
Kingfish note: But, junior has a right to free speech that includes posting nude pics of high school students (and probably minors) online. It also sounds like some students need their hides wore out with a strap for taking pictures of themselves or allowing such pictures to be taken as well as the parents for getting their kids the latest super duper it can even defy gravity smartphone. Well, it may not defy gravity but it will turn your kid into an airhead."J.B'.s" publishing a nude photograph to an Instagram page, was not specifically prohibited by school board policies nor was it listed in the student handbook for which a student could be disciplined. J.B. exercised his right under the First Amendment to the expression of free speech for which he was expelled in violation of his constitutional rights.(Emphasis added. p.7)
In the process of punishing J.B. for exercising his First Amendment right to free speech, MCSD expelled him for a period of one year which violated his right to be free from excessive and cruel and unusual punishment guaranteed to him by the Eight Amendment....
The complaint seeks $200,000 in actual damages, $200,000 in punitive damages, costs, and attorney's fees. The plaintiffs also charge the district violates the No Child Left Behind Act by providing an inferior education at the alternative school. The plaintiffs request an injunction that "orders the defendant to provide to the students" at the AOC "the same curriculum offered in other schools of the district". Attorney John W. Christopher represents the plaintiffs.
9 comments:
Please explain the part where posting nude pics of minors online is a free speech right and not child pornography. Lost me on that one.
Sounds like the young lady at the tender age 14 has real moral issues and a lack of adult supervision. That said, the boy suffers from the same problems. Both should be punished. A year expulsion and being made to attend a sub standard school won't hurt him OR her. A lawsuit which benefits the boy or his family is totally WRONG. Don't allow cell phones on campus OR live with the consequences. This will soon be forgotten. The girl is NOT innocent and needs expulsion and her family needs counseling. The boy needs to finish his punishment and learn from his bad judgement. As for the parents embarrassment...that's one of the "extras in the fine print" on the birth certificate. You too, must get over it.
If he's posting nude pictures of minors let's forget about the School District and just file criminal charges that apply. Let the helicopter parents sue the DA in Madison County :-)
If it had been a 40 year old man posting pics of nude 14 year olds then his ass would've been busted about 30 seconds after hitting "submit". How is this any different?
@ 1:48 PM: Very different.
If your hypothetical 40 year-old had "consensual" sex with the 14 year-old, it's 30 years day-for-day. If a 15-16 year-old does the same, no crime.
I don't know the young man's age but, assuming 15-16, it's a Youth Court matter to determine if the posting of the pictures constitutes a "delinquent act," unless there's some basis to transfer to the circuit court for prosecution as an adult.
Not commenting on the moral issues at play in this situation, but the law does draw sharp distinctions in this area based on the age of those involved.
A 40 year-old doing this is branded a pedophile. A 15 year old doing this is called a [insert term of choice in accordance with your preconceived notion of right/wrong].
There's no question these girls are seeking love and attention from males in the wrong way.
But, those of you who see this as " free speech" and don't know that these parents are teaching their son to be a sorry excuse for a man need some parenting lessons yourself!
This isn't the last time these parents will be with their " boy" inside a courtroom!
Nude photos, even of minors, are not considered porn under the law unless there is portrayal of some type of sexual act. Were it otherwise, many would be guilty by having pics of female toddlers not wearing a top in the baby pool.
Page is still up too. Good job madison county!
@12:57--the page is not still up. I checked after the first article and checked again just a minute ago. There is no IG account for Germantown Whores, Germantown High Whores, or any other combination.
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