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A California school district suspended a high school student after racist images that included nooses drawn around the necks of a black student and coach appeared on his social media site.
But a federal lawsuit says the district went too far when it also disciplined students who indicated they "liked" the posts on the Instagram account. The suit – filed Monday in San Francisco on behalf of four students– accuses the Albany Unified School District of violating students' free speech rights and says the district did not have the authority to suspend the students because the offensive posts were on a private account that had no connection with any official school activity or school account.
"'Likes' are ambiguous in that they could be saying, 'This is funny,' 'I agree with it,' or 'I don't agree, but I want to stand up for your right to say it,"' said Eugene Volokh, who teaches free speech law at the University of California, Los Angeles.
One of the students said "yep" to another comment, according to the lawsuit. Another student commented that the account "is only targeting black people."
The other two students "liked" a few of the images posted on the account.
The lawsuit claims the district brought suspended students before the student body at a "public shaming" session during which they were cursed and jeered.
At a meeting later the same day, two suspended students were injured by an angry protester, according to the suit.
"In my own view, students are entitled to speak just like everyone else when they are off campus," Caplan said. "The school should not say, 'You engaged in free speech over the weekend on your own time, but we will punish you because your speech has ripple effects that we don't like.' "
Albany is an affluent community adjacent to Berkeley, a city that prides itself on its liberalism and political correctness.
originally posted by: IAMTAT
a reply to: knowledgehunter0986
Wonder how long before students will be suspended for retweeting Trump tweets.
originally posted by: Pandaram
Liking racism likeing terrorism. There is no smoke with out fire all. Bet these are real dangerous racist scums.
Hope this morons name put on criminal list and never able to get a job or lead normal life.
originally posted by: ProjectedLogic
a reply to: intrptr
Only one student made a "death threat". That's not the problem here.
"the district went too far when it also disciplined students who indicated they "liked" the posts on the Instagram account"
"Likes' are ambiguous in that they could be saying, 'This is funny,' 'I agree with it,' or 'I don't agree, but I want to stand up for your right to say it,"
You should go read the OP again.