When you rage on like that about your teachers and about your coach who you had to appeal to to get on the basketball team in a place you didn't deserve...potentially because you're bad at basketball and you've gotten bad grades....and you start whining about how they are stupid...I'm sure that its a given fact that you're a pussy.
So telling your unreasonable opinion in the form of lies and deceit of someone or some place in written form with the intent to damage their reputation isn't libel?
Libel comes in due to the intimidation he used on his fellow sets and students.
3. Now I can tweet whatever I want and I hope one of y'all mother f*ckers snitch on me
The little shit got out of a suspension that was supposed to be based on this statement.
He sent the messages to everyone else but the teachers...people argued that since the teachers didn't see it, it was private...yet his post was to the public on Twitter. Regardless of time and place, the article had no sense of the first amendment concerning libel. You failed to notice his third tweet mentioned in the article saying that he could say what ever he wanted and basically threatened anyone who would tell on him. His statements are not protected because Rosario made a threat and then proceeded with his libelous statements.
3. Now I can tweet whatever I want and I hope one of y'all mother f*ckers snitch on me
Using intimidation like that will not ever be protected by first amendment rights and the judge only went by what was specifically written in school policy. The suspension was not for the tweets but for the intimidation of other students not to rat him out. Someone felt threatened and that's all it takes to make the rest of what he said on twitter libelous. It is unfortunate to see that the little shit got away with it because his defense decided to focus the case away from the main reason of suspension.
http://youtu.be/up863eQKGUI
This is why I wouldn't want to make a PSA about piracy... This was meant to be educational and in its quest this video failed to curb software piracy and it only made the BSA look ridiculous. It's the out of touch attitude of the RIAA that will.
Read...
Since Rosario's tweets were not the legal definition of private....Explanation footnote that I really shouldn't have to write: he blocked ONLY the administrative and school staff from seeing his tweets......back to the second part of my statement it stands that he was libel in his expression
I don't know how that could be missed.
Sorry, Gwiz corrected my word use. Libel is slander in written form. Libel occurs when the libelous party complains about a person or group to change public opinion about said person or group or just to harass them. The third tweet in the article is a clear indicator Rosario's intention of harassment due to teenage angst and him being a bit of a pussy
(sorry, but if you complain after being cut and put back in on an appeal you gave to the coach who may have played you second or third string and barely put you into play...and aren't grateful you aren't on a team...you are a pussy)...
anyway..tangent aside, his intent was harassment and the difference with Libel is that no damages have to happen to make it a civil case against someone as long as the opinions can drastically change public perception. The press is protected as long as they do not give opinions without reason...giving opinions with reason is editorial press and blogging. The school could have sued him but didn't. The suspension was justifiable.
Yes. Exactly...Libel and slander are similar and are not protected under the first amendment. As you said, the administration and school staff were blocked from seeing it. His tweets, if truly legally private, would only be seen by him on twitter. Since Rosario's tweets were not the legal definition of private, it stands that he was libel in his expression. The suspension was punishment for his libel.
3. Now I can tweet whatever I want and I hope one of y'all mother f*ckers snitch on me
That is the indicator that it not only was public to everyone, but meant as harassment as well.
In this case everyone but the school staff and admin saw it. The digital evolution we live in as Generation Y, and X has a much bigger potential for the public to see things and therefore perceptions change due to another person's raging and ragging.
You're trying to justify the rights of someone who regardless of timing, committed slander.
His blocking the administration, faculty, and staff from seeing his tweets and saying those things about them is slander...since it was a "private" tweet to everyone but the school district staff...I don't see how it's not public. It's slander because the staff had to take extra steps to see what was going on to defend themselves.
One more thing...look at number 3 on that list...he was likely a douchebag to his fellow students and he blocked the administration from seeing his tweets....not the rest of the public,
If I said something about you on FaceBook to your peers while blocking you...and if it were slanderous in nature, how is that private?
"First off, how did you jump to "harassment"? All I see is Rosario expressing his opinion in those tweets.
And yes, he most definitely was exercising his First Amendment rights. Just like you were when you typed: "Tim Cushing likes to take it in the ass!!" below.
The First Amendment applies to everyone, not just the people you agree with."
My point is with Tim Cushing's ass is to illustrate that just because someone has an opinion, it doesn't make it right to express said opinion on public channels where everyone can see and where people can be embarrassed.
Second, slander and liable are NOT protected by the first amendment under freedom of expression.
3. Now I can tweet whatever I want and I hope one of y'all mother f*ckers snitch on me
Welcome to the "other step" gwiz...
Still deserves suspension. I don't care. His sorry ass didn't get played as much. The staff did not deserve it and he's lucky there isn't a civil suit for slander out on him.
No...You sort of misunderstand my take on it. My dad's first few years as a teacher, students had always complained about him. But they still held respect for him.
Here's the thing, when a someone takes the time to teach you something you have no knowledge of and has to grade your aptitude and you slack off and do poorly..how much respect does that show the teacher?
My father was notoriously awesome as a teacher and won Teacher of the Year in my school district (which is a student and staff and board held vote) 20 times in his 33 year teaching career.
Now if a kid slacked off in his class and my dad did everything within his power to help the student falling behind, but the student still failed and then called him a douchebag (note my brother has severe Asperger's Syndrome so my dad is very patient) that kid would get a smile from my dad and get a detention.
Now imagine this kid going further with the same crap on multiple staff...you earn enough detentions there will be consequences...namely suspension.
Now what makes Rosario's case a bit interesting is he did his tweeting in the evening when a basketball game was going on....a school function....he implied that the coach and assistant coach were gay lovers and that the coach that cut him likes to take it in the ass. He likely got cut due to grade eligibility which is why he called one of his teachers a douchebag. He deserves suspension.
I would not be bullying by beating up a bully by standing up for my father's well deserved honor.
Ninja was arguing against filtering. He simply argued that using filters was censorship. I rebutted why it is good to use filters at US public schools.
If nobody is at home to teach a kid how to respect others through discipline, how can the school staff not be expected to teach that you don't tweet "My coach likes to take it in the ass" by suspension via said discipline. Rosario tweeted to and tagged the targeted staff members. They could have made it a civil case of slander and liable but decided to not be total douche bags and merely suspended him.
If he did that in college...professors would be well within their rights to fail him and worst case scenario he would be banned for life from campus because of slander. So by learning not to do stupid shit like Rosario did, they are being prepped for college.
I would not entirely blame parents for that. He's the one who decided [poorly] to tweet about the staff that way. I do agree that he seriously deserves to be suspended.
Now given my father was a teacher, and if some student tweeted like that about him back when I was a student...I'd would have beaten that kid to a pulp along with a few others.
Public schools are public. You learn daily not just about math, history, science, or geography....you go there to learn in subtext about how to respect those who are paid very little to teach your sorry 15 year old ass a thing of two so you don't starve to death.
It should be noted my father was a teacher. Students complained about him but he was respected nonetheless. Rosario would have been suspended from my alma matar public school district for these tweets.
Now here's the thing. The kid was angry. He decided to target staff that he felt was failing him. He was failing and he blamed the staff for not working hard enough when he should have been doing his work.
In the US it is a sex offense of the first tier to provide pornography to those under the age of 18 years old.
Now imagine having a child and imagine that child of yours looking at porn while on a school computer.
Re: Re: Re: Re: Question
Using it the way Rosario is certainly libelous.