BEAVERTON, Ore. � A teenager who created a Web site that contained
obscenity-laden pokes at Canadians, lesbians, classmates and teachers has
filed a federal lawsuit against the Beaverton School District, which
expelled him after discovering the site.
Carlson Muss, now 15, had created the site on his home computer two years ago.
His lawsuit, which seeks $101,800 in damages, is backed by the American
Civil Liberties Union.
The suit alleges that the school district violated Muss� First Amendment
rights by punishing him for creating the Web site, then a year later
unfairly denied him admission to the district�s Arts & Communication Magnet
Academy.
Muss� lawyer, Brian Posewitz, said school officials overreacted.
�Our view is that because this was completely separate from what he was
doing at school that he had the same constitutional rights as anyone else,�
Posewitz said. �I don�t think the record is going to show that anyone felt
threatened or in any danger of physical harm.�
Citing student confidentiality and pending litigation, the district�s
spokeswoman, Maureen Wheeler, declined to comment.
Legal experts say such cases illustrate the tension between free speech and
school safety.
�Students, like anyone else, have a right to say things that are
inappropriate or vulgar,� said Charles F. Hinkle, a Portland lawyer who
also represents The Oregonian on First Amendment issues. �That is as true
for a sixth-grader as a 50-year-old or a 25-year-old.�
But lawyers who represent school districts disagree.
�After the incredible acts of violence that have been happening in schools,
school districts are becoming more sensitive to warnings and threats of
violence before they occur,� said Peter Mersereau, a Portland lawyer
specializing in school litigation.
Muss� Web site included off-color jokes and pleas for dates and listed
eight students who were guaranteed to �live another week.�
�He intended that to be taken lightly or satirically,� said Posewitz. �He
doesn�t have an interest in violent movies or own any guns. He�s not some
sort of disconnected, lonely student.�
Posewitz said Muss wants $100,000 for his pain, suffering and
embarrassment. Muss continues to attend a $3,500-a-year private school; the
family is asking for $1,800 in tuition reimbursement.
Related
Punishment for Web posting violated student's free speech, judge finds
Federal judge rules school district should not have suspended student for
'intimidation and threats' online. 12.02.02
Utah high court tosses criminal-libel law
Statute had been used to arrest, charge teen for making disparaging
comments about school officials, classmates on his personal Web site. 11.18.02
Pennsylvania high court upholds student's expulsion over Web site
Court said that while it didn't appear that 14-year-old intended to hurt
teacher, the site disrupted school environment, which justified the
expulsion. 09.27.02
http://www.freedomforum.org/templates/document.asp?documentID=17492
