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Mon 5 Dec, 2005 02:47 pm
so i created this group about my school, and the school found out, and told me that i am not allowed to do that, etc, etc, they just want to give me lots of trouble.
so i am just wondering if i have the constitutional rights to set up a group about a particular school?
Didn't care for the response to your first thread on this topic, so you thought you'd try again, eh?
Once again, you provide insufficient information for anyone to give a cogent response. It seems more as though you want people to validate your point of view on the subject, as opposed to giving you a considered response. Miss Law has already pointed out that you are going to have problems if you are either using school resources, or making comments which will bring school members into disrepute.
well, i thought that i was clear.
what if i just creat a group with about a particular school without any other comments, references, etc, etc. just a plain group that has the name of that particular school?
can they force me to shut it down?
The limitations in the Constitution do not apply to PRIVATE actors; the limitations apply to PUBLIC (government actors).
If you will note, the FIRST AMENDMENT applies to the Federal Government: "Congress shall make no law . . . "
The FIRST AMENDMENT applies to State Government via the Fourteenth Amendment: "Nor shall any state . . . deprive any person of life, liberty, or property, without due process of law . . . "
Without clarifying information, it is impossible to argue or discuss one way or the other whether your liberty interest in establishing a discussion forum named in part after your school ("letstalkaboutnameofschool") wherein you personally attack other students by calling them "aholes" is protected from infringement by the Constitution.
You haven't provided sufficient information to discuss the issue.
You haven't said whether the school is a grade school; a junior high; a high school; or a college.
You haven't said whether the school is public or private.
You haven't said whether your conduct allegedly violated the code of student conduct.
You haven't said whether other students have complained about your online discussion forum.
The kid (youngman) is Canadian?
Neither has this child ever stated whether or not the proposed discussion group uses school resources.
I gather that he fancies himself wild and free and tramelled by the people who pay the bills to build his soapbox.
I suspect as well his uniform of nonconformity is fully to pattern and correct in every detail
Take my school...Please !
<rimshot>
This may be an interesting mutation of the Classic Oedipal Conflict.
Once can marry Alma Mater and then "kill" the school.
Hmmmmm ..... mebbe we got us the makings of a TV Movie here - or at least a pulp tabloid headline piece. Prolly gotta sex it up some (gonna need reach-out-and-grab-ya visuals, one way or the other), but looks like there's possibility, for sure.
people, i came to this site, because i thought that there are actual lawyers on here. and i don't want to give out a lot of information, because everything i type on here are saved, who knows what kind of lunatics will read them. u know what i mean.
i am not a canadian, but the counselor is. he told me that the freedom of speech is american propaganda. haha, i thought that it was funny to hear him use that word.
i did not attack any students, as for the a.. hole thing, check out my other message.
anyway, it is a private college. and no, student conduct does not have such a thing forbidden students to creat online groups. and that counselor lied to me by telling me that every online group has to be approved by the school. it is just impossible. the world wide web is so big, how can the school possibly approve every single group that students creat. anyway, it is quite clear to me that he is just comletely biased, because the popular students complained to him.
i am 100% not a harvard student, but what if i creat an online group about harvard, can harvard sends its lawyers and tell me to shut it down?
but one thing that i learned from u, debra law, it is that online diary are not private. that is good to know.
Are you using school property/resources/hardware/software?
Regardless the resources/property employed, there may arise a copyright issue regarding the name or logo of the objecting entity - just such argument has been successful in inhibiting newsgroups, forums, and printed publications, though it has failed in some instances as well. The particulars of each individual case largely determine which way the decision will go if it comes to litigation - presupposing the defendant has the financial wherewithall to mount and pursue a defense in the first place. That itself can be a huge obstacle, and is something on which institutions and commercial entities often rely - they frequently can merely bully their way into getting their way.
Something you might want to check into is the
Electronic Frontiers Foundation ; your situation pretty much fits the reason for its exisrtence.
In fact, you've gotten a cogent response from a lawyer--Miss Law. You still have not told us if your discussion group intends to use school resources, unless i missed it. It won't be a drastic revelation to tell whether or not your discussion group will use school resources. The national origin of your counselor is completely irrelevant. For a college student, your postings seem awfully immature.
youngman wrote:people, i came to this site, because i thought that there are actual lawyers on here....
Sure there are lawyers on here, we just don't want to work for free if that can be helped, particularly if it involves a lot of research.
youngman, in the title don't you mean to say consent instead of content because you will be using school content in the online group whether as colleagues, actual school issues, etcetera. Anyway.
It seems that you are using school resources to create this group, if that is so, then since my pencil being my pencil I will have authority if I wish to share it with you or not. So if the counsellor says no to your creating an online group regarding your school, then you have to accept that no as a no. But if you are using your own resources to create this group online, based on your school, then the counsellor cannot stop you from doing that. The reason is because - If my hand is my hand then its rights stop right there and do not extend to another's nose or cheek or beyond. Here in this case, the counsellor has actually slapped you in the face if he said no to creating this online group IF you were not using the school's resources to do that.