‘Which Classmates They Would Kill’: ACLU Sues Indiana School After Girls Are Suspended for Off-Color Facebook Jokes
- Posted on April 25, 2012 at 9:30pm by
Mytheos Holt
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The relevance of private postings on Facebook to school and work environments has become a highly debated topic ever since the net giant’s influence spread to nearly every part of modern life. So it was only a matter of time before the ACLU filed a suit regarding Facebook posts, and indeed, now they have. From Indiana comes a story of several teenage girls who were suspended from Griffith Middle School for making inappropriate, off-color jokes on Facebook. The Indiana ACLU has challenged this action in court, according to the Indy Star:
“This conversation spanned numerous subjects, from the pain of cutting oneself while shaving to the girls’ friendship, before turning to a discussion of which of their classmates they would kill if they had the chance,” the suit continued. “At all times, the conversation was purely in jest and could not have been interpreted seriously, as is evidenced by the girls‘ repeated use of ’emoticons,’ by their use of abbreviations indicative of humor, and by the nature and tone of the conversation.
“The girls were simply engaged in teenage banter.”[...]
“Any reasonable person could see the conversation was purely in jest and could not be interpreted seriously,” said Gavin M. Rose, ACLU of Indiana staff attorney, in the news release. “Free speech rights under the First Amendment, even when it‘s speech we don’t like or agree with, must still be protected, and schools do not possess infinite reach into the private lives of their students.”
Now, at this point a reasonable person might ask, if it was so self-evidently a joke, why were the kids suspended? Apparently even joking about these things violates the school’s “bullying, harassment and intimidation rules.”
Still, one has to wonder – if joking about killing your classmates is normal “teenage banter,” doesn’t that say something a bit troubling about how teenagers are being educated, or what they’re being taught is acceptable?


















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Comments (49)
blackyb
Posted on April 26, 2012 at 7:17pmJust another excuse to stifle freedom. Someone parents should have busted some azz and grounding from the computer for a couple of months. The ACLU is not anyone’s parent, just a leftist tool. Tell them to kiss off. They are nothing but big mouths.
Report Post »WeekendAtBernankes
Posted on April 26, 2012 at 7:39pmI don’t know why the ACLU is stepping in here, clearly discussing the murder of your classmates requires discipline. God forbid they grow up to be little Ehrlichs and advocate the genocide of 6 billion people.
Report Post »blackyb
Posted on April 26, 2012 at 7:15pmACLU has to justify its existence. They need to be unfunded.
Report Post »Perspective
Posted on April 26, 2012 at 4:59pmAll I can say is I always confront people making threats toward me directly face to face. I ask them about the threat and tell them we can go outside and resolve it right now. Isn’t it funny no one has taken me up on it yet. The way I see it is I might get whupped and I might not but everyone will know where everybody else stands and the issue will be resolved, The fact that these kids were even discussing this is a sad commentary on how their parents raised them.They have been taught NOTHING about life and respecting it whatsoever. Of course I’m sure their parents were the first ones to defend their little angels. Maybe the parents just need a good ole fashion @ss whupping?
Report Post »mmabc
Posted on April 26, 2012 at 12:54pmThat’s just what we need, school administrators censoring FB, text messages, and everything else a child might say, any time, any place, in public or private, at school or at home in their bedrooms. What a great idea to bring up a whole generation of children, along with their useful idiot PC parents, teaching them that it’s OK for the lowliest school admin to monitor and censor everything you say or write.
That‘s what’s going on in our schools. This is the result of a national “anti-bullying” campaign that is running rampant in every school in America. Did you think this is really about anti-bullying and making schools safe? Think again. This is the agenda of LGBT radicals who want to promote homosexuality to the most vulnerable of our children. What a nice side effect that we raise a whole generation of children that are taught that it’s necessary for their safety that everything their friends say will be monitored and censored by government minders.
Report Post »hogtrashhd
Posted on April 26, 2012 at 12:22pmsomething isn’t right about this story.. for one thing who in their right minds sit around talking about killing other kids??? if these kids were doing that than they should not only be suspended but a lot more like sending them to psychiatrists and putting them on psychotropic drugs.. it is NOT NORMAL to talk about killing other kids.. how could this be considered to be all in “jest”.. it isn‘t funny it’s crazy talk. anyone condoning this is crazy too.. and the ACLU is involved?? that would lead me to believe these are blacks or mexicans.. i lean towards them being blacks though.. bet you doughnuts to dollars..
Report Post »EqualJustice
Posted on April 26, 2012 at 10:49amWhen I was a teen we always said “ I HATE her” or “I wish she would DIE.” We NEVER meant it, come on. If this were a type of PLAN to follow through with serious threats, then that is different. Please. It‘s like the FBI showing up at a 12 year old’s school over a comment about Bin Laden. We have REAL threats that this administration and the DOJ just IGNORE!
Report Post »lukerw
Posted on April 26, 2012 at 11:42amWe are a Predator Species! It is just Us! It is just Reality!
Report Post »The_Cabrito_Goat
Posted on April 26, 2012 at 10:27amIf I were a teacher, I wouldn’t be laughing at this “joke”. There is already a safety threat in schools these days, and trust me, all it takes is a spark. There is so much hatred and drama in high schools around my area. It goes beyond simple teenage angst.
It is simple, rank HATRED in our schools, since there are no unifying principles, no homogenous culture, and class warfare, envy, and
Report Post »The_Cabrito_Goat
Posted on April 26, 2012 at 10:32am*etc, you get the point. (rant over)
Report Post »208hendrix2020
Posted on April 26, 2012 at 10:04amI’m sorry but what school has the right to suspend a student for things that do not happen on school grounds… when i went to school we used to use the church next door for fighting because the school couldnt touch us as it wasnt school property. and as for the first amendment, no matter what is said it is protected speech… as for what our kids are being taught in school, unGODly muslim extremists to kill all infidels of the true Alla. they are teaching our kids to hate god and each other so the fact that violence and speaking if violence is only to be expected
Report Post »majicgynx
Posted on April 26, 2012 at 10:58amIn this age of technology, a student could be posting easily to these sites on school grounds. I don’t know what the timeframe was when the comments were being made, but if these students were on school property, posting to Facebook during school hours, then the school has every right to intervene. Unfortunately, even if taunting these days starts outside of the school’s purview, it never stays there. My daughter has faced bullying by two girls in the last two years. It always starts outside of school, but never ends there.
Report Post »jujubeebee
Posted on April 26, 2012 at 9:22amIf facebook is going to take the place of telephone or personal interaction then there is going to be a record of the foolish behavior. They are kids and if they were doing it in school they would have been questioned on it for sure. If they were doing it in private no one would know. In a lawsuit world the school HAS to take this seriously. And the kids will learn that facebook and twitter and the internet lasts forever and has consequences. This is 2012 and this was done appropriately. Free speech is okay along as you are not joking around about commiting crimes!
Report Post »whitemarlins
Posted on April 26, 2012 at 9:15amI am all for free speech but making a killing list should not be covered as just joking around. Look at most of school shooting (columbine, VT, the one in Ohio). After these happen we all look for the signs and find them in places like facebook posting, blogs or whatever but failed to act and then innocent people are killed for no reason. Wouldn’t this fall under some sort of premeditated murder or attemped murder?
Report Post »SquidVetOhio
Posted on April 26, 2012 at 8:29amI can‘t believe I’m saying this but, I think I side with the ACLU on this. The girls parents should have been notified by the school and if these girls ever harassed the kids on their “list” then those kids could probably press charges with some supporting evidence. But, this is NOT yelling fire in a theatre. That is INETENDING to cause panic. This is stupid speech among middle school kids that parents should have squashed. These zero tolerance policies are stupid because it negates common sense because you always get the idiot saying “dem da rulz”. Parents, watch you kids FB page or don’t let them have one!
Report Post »LaBelle
Posted on April 26, 2012 at 7:52amSince the girls involved specifically mentioned CLASSMATES than I would say that the school definitely has a right to take action. You do have a right to free speech but there are “limitations” You can’t yell “fire” in a crowded theater.
Report Post »Plan B
Posted on April 26, 2012 at 7:54pmThat is just bull dung.
Report Post »PATRIOTMAMA
Posted on April 26, 2012 at 7:24amNo and these cases are getting out of hand. Folks bullying sucks but it‘s a part of life and we can’t legislate this kind of stuff out without trompsing all over the first amendment. I‘ve been going crazy about cases where kindergartner’s and first graders are suspended for making shooting motions with their fingers to all sorts of other cases where the schools are taking this “no tolerance” thing completely too far. People joke about “killing” their bosses or that guy that cut them off in traffic all the time and DON’T mean it seriously. Sounds as if this was the case here. Either way, the “rules” can’t be allowed to overule common sense. I shudder to say this but for once I agree with the ACLU and they’ve actually come out for a cause I can get behind. We keep stripping away the rights of our kids in the name of preventing violence and bullying and they get so used to having no rights as kids, when they come out it isn’t anything to them for the government to take them away. Just saying.
Report Post »jujubeebee
Posted on April 26, 2012 at 9:25amI agree with you Patriotmama! Parents should be telling kids that facebook is not the place to joke about commiting crimes.
Report Post »circleDwagons
Posted on April 26, 2012 at 9:37amparents should tell their kids that they do NOT have “rights” in government schools. They should be told NOT to trust cops or government teachers. Watch what you say, write or draw.
Report Post »Plan B
Posted on April 26, 2012 at 8:01pmOh give me a break. These kids were just kidding among themselves. Why the heck should any of your care what these teenagers joke about on Facebook. Really, this is not worth the time all you guys are putting into it. I have never heard anything so rediculous, and some of you are actually so messed up by all the media crap. What if it was your kid? You would know they were joking.
Report Post »Grow up and get a life.
Kisses6350
Posted on April 26, 2012 at 6:36am******Smirks***** Well, Well, Well. Isn’t this a turn? Reading some of the posted fonts! I find it hysterical! Some fonters post on this site about killing the POTUS to killing all the “non” americans! Starting race wars and the like. Cgildrem will emulate what the see and hear. Monkey see, Monkey do……… Nuff said! *****Smirks*****
Report Post »COFemale
Posted on April 26, 2012 at 12:17amOkay all lets go onto our Facebook pages and jokingly indicate how we would kill Gavin M. Rose, the ACLU Attorney, and see if he has the same reaction?
Are you kidding me. Whether they were kidding or serious, the fact that they brought up the subject is alarming to me. If it ain’t alarming to you, perhaps you do not have kids Mr. Bright Attorney?
Be thankful it was only a suspension, I would have kicked them out of school for the rest of the semester, which is probably one to two weeks.
Report Post »lordjosh
Posted on April 26, 2012 at 7:06amYou’ve got to be kidding me. If the freedom of speech is protected by Indiana law than the school overreached it’s authority. I believe they overeached on the fact that this did not happen on school grounds, therefore it’s none of their business. You have the right to say stupid things!
Report Post »BSdetector
Posted on April 26, 2012 at 7:12amI’m wondering what the rest of the story is. The ACLU does NOT defend free speech so something’s up with this…
Report Post »PossumRoadkill
Posted on April 26, 2012 at 7:48amAt what point would you draw the line with an intrusion into your personal life? Do you think your employer has the right to see what you do on your own time? How about your kids? Where does it stop? Would you be OK with the school putting video cameras in your house to make sure your kids were behaving themselves? This school and employers like them have crossed over the line of intrusion of personal freedoms and an invasion of privacy that we are guaranteed by the laws of this Country. Stand up for your freedoms now or you will lose them forever.
Report Post »muddpuddle
Posted on April 26, 2012 at 8:05amIm with you BS. That’s why the article is so short.
Report Post »No Quarter
Posted on April 26, 2012 at 12:47pmpublic shools are big brothers training facilities. When you trust your kids to these govt. institutions you give up their freedoms. SUCKERS
Report Post »socialism.rocks
Posted on April 25, 2012 at 11:21pmany kid who makes a facebook and uses his real name…. and posts crapola deserves what he gets… my last name on almost all sites in noneyabusiness for a reason
Report Post »hi
Posted on April 25, 2012 at 11:41pmYour blaze name is crapola.
Report Post »hidden_lion
Posted on April 26, 2012 at 1:31amIf you like socialism, why are you afraid to post your real name on sites? Is Big government your friend? Won’t you be safe on the commune?
Report Post »Socialism is an admission of inferiority and based on the fact that some are just not up to the task of life.
Blazeanswerman
Posted on April 25, 2012 at 11:13pmRead any criminal profiling text book and you will see patterns that emerge from this kind of behavior. Many serial killers will do this kind of thing in order to recognized. This kind of speech is tantamount to yelling fire in a crowded theatre. It’s not free speech when conducted in this manner. The ACLU should be ashamed to align themselves with this kind of behavior. It sure matters when someone threatens to kill the President. It sure matters when the threat is considered hyperbole used in jest as the column suggests:
Report Post »“The girls were simply engaged in teenage banter.”[...]
“Any reasonable person could see the conversation was purely in jest and could not be interpreted seriously,” said Gavin M. Rose, ACLU of Indiana staff attorney, in the news release. “Free speech rights under the First Amendment, even when it‘s speech we don’t like or agree with, must still be protected, and schools do not possess infinite reach into the private lives of their students.”
The Giver
Posted on April 25, 2012 at 10:40pmIt should be the parents who are monitoring their own children… Not the school when it is after school hours.
Report Post »The kids of today are the products of raising themselves and the increased influence from Hollywood, school and the media. We did not have conversations about who we would kill. We were too busy doing lots and lots of home work. God please let parents take control over their kids again before we lose a whole generation.
Whwbc5483
Posted on April 25, 2012 at 10:33pmLet me get this right? Teenagers joking about who in their class they would KILL. Hmmm I guess what happened at Columbine as they made a video laughing, Virgina Tech, and the hundred other schools where INNOCENT CHILDREN DIED because no one took their JOKES seriously.
Report Post »This is free speech When a threat against another human being is made it should be taken seriously in situations such as this, DO NOT let History repeat its self. I am an Supporter of free speech, and protection against eavesdropping by schools and employers on social medias BUT Due to the Now NORMAL where when someone makes a threat such as killing not good nor is it protected.
2gether
Posted on April 26, 2012 at 7:09amThe thing is that some people do think that killing another human being is actually funny and they enjoy it. During lynchings photos actually showed those doing the lynching smiling. The same thing with the Rodney King beating. Those who retaliated laughed about it while dozens were beaten and some were killed. We are moving ever more swiftly in a very dangerous direction where there is very little if any moral code being taught to our children and what morality is taught is somehow being erased or obscured by the society in which we live.
Report Post »groundzero
Posted on April 25, 2012 at 10:31pmParent need to start sending their kids to charter school and joining together to sue the schools for their tax dollars. If lots of parents did this, it would send a strong message and even if it doesn’t get the money back from the court. Continue to fight. I would gather together, all that is being taught that is questionable before filing a case. Let the game begin. WE NEED TO FIGHT BACK.
Report Post »Endstatism
Posted on April 25, 2012 at 10:30pmIf these girls posted these comments on school computers or when school was in session, the ACLU does`nt have a leg to stand on. If they made these posts outside school hours on their own computers, the school does not have the right to take action. It might be appropriate for law enforcement to investigate, but the school has no authority after hours.
Report Post »Dream33
Posted on April 25, 2012 at 10:09pmNow the girls know who they were going to kill,maybe they should strike first???
Report Post »jzs
Posted on April 25, 2012 at 10:28pmThis is what the American Civil Liberties Union does. So whose side are you on? Do you think the school has the right to shut down these kids right to speak their mind, or do you believe the government can shut them down. The ACLU is siding against the government. What’s your opinion?
Report Post »MadinIllinois
Posted on April 25, 2012 at 9:48pmGood question – but – Shhh – “we” need to speak softly and check the room for a microphone. O’bummer is listening
Report Post »MBA
Posted on April 25, 2012 at 9:42pmNice that the aclu has time and money to butt into high school crap which would work itself out on its own, but doesn’t have time to look into the $10k bounty put on George Zimmerman. What a worthless group of busybodies.
Report Post »james1968
Posted on April 25, 2012 at 11:18pmThey will do nothing about bounties on Zimmerman, it is outside their purview as lefty operatives.
http://crazyconservative.wordpress.com/
Report Post »circleDwagons
Posted on April 26, 2012 at 9:51amwhere is the ACLU on the TSA ? civil liberties my *&^% STG
Report Post »Lesbian Packing Hollow Points
Posted on April 25, 2012 at 9:40pmMy question is, if it were an ostensibly private conversation… how did ANYONE outside of this circle of friends, let alone their middle school administrators, even find out about it?
Report Post »KangarooJack
Posted on April 25, 2012 at 9:54pmMy guess is, they listed their school in their profile and didn’t up their security options. And at WHAT POINT DO WE SAY ENOUGH IS ENOUGH???
Don’t worry little sheep. It already HAS turned – the sign on the barn door has already been altered to say “shall not sleep on sheets.”
Report Post »james1968
Posted on April 25, 2012 at 11:20pmI know people that have hundreds of friends, it is impossible to keep good gossip quiet. People shouldn‘t put anything on line they don’t want the whole world to see. Sadly, kids are not smart enough to figure that out.
http://crazyconservative.wordpress.com/
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