Sticks and stones may... lead to a lawsuit?

Everyone is entitled to their own opinion – even if said opinion leaves others in tears. In 2007, honor student Katherine Evans was suspended for creating a Facebook group called “Ms. Sarah Phelps is the worst teacher I’ve ever had” after several grade disputes with her senior-year English teacher. Evans invited fellow classmates and past students of Phelps’ to share stories supporting her claim. The New York Times says that Evans deleted the group after a few days, but there’s no explanation as to what prompted her to do so.

Evans was suspended two months after removing the page. Now, as a sophomore at University of Florida, Evans has been granted permission to sue her former principal, Peter Bayer, who apparently no longer works at Pembroke Pines Charter High School.

Unlike J.S. vs. Bethlehem Area School District, wherein an 8th grade student was expelled for creating a website depicting gruesome images of his algebra teacher, Evans’ Facebook group could not have remotely been considered threatening. The Times quoted Maria Kayanan, an associate legal director of the American Civil Liberties Union of Florida, as saying:

“This is an important victory both for Ms. Evans and Internet free speech,” Ms. Kayanan said, “because it upholds the principle that the right to freedom of speech and expression in America does not depend on the technology used to convey opinions and ideas.”

As a matter of principle, Evans is seeking to have her three-day suspension expunged from her “permanent record”. She is also seeking an undisclosed fee, as she feels that Bayer, her former principal, violated her First Amendment rights.

Evans could have a strong case, especially after applying the Tinker standard. Moreover, Bayer will have a difficult time proving that Evans’ claims were statements of fact, since the group appears to have been based on opinions.

-- Cassiopeia Neely