IM icon lands student in trouble
p2p news / p2pnet: A student, now 15, made his own IM icon showing a gun, “pointing to a head, a bullet leaving the gun, and blood splattering from the head,” says CNET News.
The icon included Kill Mr. VanderMolen, the name of the unnamed student’s English teacher at Weedsport Middle School in New York.
Another student finked to VanderMolen, who wasn’t amused. In fact, he, “later testified that he was scared, concerned and felt sick to his stomach upon reading the message,” says the story, going on:
“He asked to be removed from teaching the English class because he was concerned for his safety and that of his 6-month-old child. The school principal claimed that VanderMolen appeared anxious and fearful.”
So, CNET continues, the school district sent notice of a formal disciplinary hearing to the icron maker’s parents, “and also tipped off the sheriff’s department (which declined to do anything, concluding that the icon was indeed a joke).”
A psychologist concluded the student wasn’t a threat but he, “did commit the act of threatening a teacher, in violation of page 11 of the student handbook, creating an environment threatening the health, safety and welfare of others, and his actions created disruption in the school environment,” ruled the school district’s hearing officer.
The parents sued, “claiming that the icon was protected by the First Amendment’s guarantee of freedom of speech, that the school district failed to train staff in proper threat assessment and that the school board violated state law in not following proper procedures,” says CNET.
But, adds the story, US district judge Norman Mordue ruled in favor of the school district and dismissed the student’s claims, saying the icon, “constituted a true threat unprotected by the First Amendment.”
The student can again file his claims in state court.
Digg this.
Also See:
CNET News – Student sues over IM-related suspension, June 30, 2006
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July 1st, 2006 at 2:54 pm
….Mean while Samir is in a florida flight school not wanting to learn how to land….
July 1st, 2006 at 7:45 pm
The reason the student did not have criminal reprocussions was because the ‘kill teacher’ statement was sent to a classmate and it was NOT INTENDED TO BE DELIVERED to the target of the statement.
In the eyes of the law, and logic, a threat is only a threat when it is intentionally delivered to the target. You might say the student made a threat if he had the expectation that his classmate would eventually deliver the message to the teacher, but that’s a bit of a stretch.
Now, perhaps if he had truly intended to cause harm to this teacher and was instructing his friend to do something criminal, there might be conspiracy-related crimes, but no threatening.
This teacher sounds like one of those hyper-sensitive metro-sexual fem-men that are all too comon these days. Probably went home and cryed in mommy, I mean wifey’s lap.
July 1st, 2006 at 7:55 pm
One other thing, from the article:
>>>
A psychologist concluded the student wasn’t a threat but he, “did commit the act of threatening a teacher, in violation of page 11 of the student handbook, creating an environment threatening the health, safety and welfare of others, and his actions created disruption in the school environment,” ruled the school district’s hearing officer.
<<<
Leave it to school-board PTA types to get their panties wet feeling important and powerful overreacting to normal teenage behavior. And they wonder why most kids give up on participation in this society by about age 15. Look at the so-called adults they are exposed to, they begin to think everyone out in the real world is just as retarded and give up.
July 1st, 2006 at 11:57 pm
Actually, some psychology is sound, but oversensitive shit like this, analyzing everything into the smallest bit is just another form of being anal.. yes you heard me, BEING ANAL!
What?… you thought psychologists were immune?
Hardly, they’re amongst the most weakest against all these
forms of illness, because their mind gets challenged each and every day!
This kid was probably just out to blow off some steam, hell, I even contemplated blowing up a teachers car once, when she accused me wrongly of cheating on an assignment!
July 2nd, 2006 at 2:34 am
blowing a car and an icon are…. black & white. Easier to get into flight school w/o landing lessons, no one bugs you for that… BUT DoN’T U DARE MAKE AN ICON u sick bugger!!!
July 5th, 2006 at 12:58 am
Hey now! I did blow up a teachers car once. *snicker*. She never accused me of cheating at chemistry again. Haha!