Judge Says OK for Students to Facebook Teachers

This one could have some interesting ramifications.

While a senior at Pembroke Pines Charter School, Evans created a Facebook page entitled “Ms. Sarah Phelps is the worst teacher I’ve ever had” from her home computer and invited other students to voice their dislike of her teacher. After several students’ postings defended the teacher and berated Evans for her opinion, Evans took the page down.

The principal and teacher only became aware of the posting after it had been taken down, and never even saw it. Nevertheless, Evans was suspended for three days and removed from Advanced Placement classes as a punishment for her Internet posting. Evans sued Bayer for injunctive relief, seeking to clear her record, and nominal damages. The Principal moved to dismiss the case.

The Court’s ruling recognizes that Evans’ off-campus Facebook posting of her opinion about a teacher “falls under the wide umbrella of protected speech. It was a student’s opinion about a teacher, which was published off campus, did not cause any disruption on campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior.”