How about this? Student expelled over rap he wrote

[Scurvy]

Free speech rights give people the right to express an opinion (such as disliking someone, making fun of them or even wishing they were dead) but not the right to threaten people (in song, poetry or prose).

It also doesn't give you the right to express an opinion without facing consequences for it. You can't say whatever you want wherever you want, but even in the places where you do have the right to say anything you want to, you aren't guaranteed that there won't be some sort of fallout for the thoughts you express. Even if this boy did have the right to say he was going to kill his classmates and burn down the school, the school would also have the right to respond by doing what they deem necessary to protect the students.

If someone made those threats and the school continued to allow them to attend school with everyone else, and then the person followed through with the threats, everyone would be outraged - and rightfully so. The school not only has the right to respond to the threats, they have the responsibility to do so. Now if they investigate and can be sure that the threats are not credible, then he ought to be allowed to come back to school. But this is definitely the sort of situation where the school should first take the threats at face value and protect the other students, and then investigate the situation more thoroughly and reevaluate if warranted.

 

[NHdisneylover]

Folks are saying that he has never been in trouble before. The police are looking into the song- if they don't find any of the threats credible (for lack of a better word) should he be readmitted to school? Maybe after a psych eval?

I think so, after an evaluation and in some sort of probationary capacity where he is more closely monitored and has fewer privileges for a semester or so.

 

[ozarkmom]

Because targeting school faculty, threatening to shoot students, and threatening to burn down the school, is bad whether in school or out of school. If you get busted for it, then you are busted.

He is lucky he is not sitting in jail.

Exactly. When they finds notes that a kid writes saying they want to kill someone at school, blow it up or whatever else they get expelled. Due to the things that happen in our world there is zero tolerance. When you post something on FB, myspace, youtube, here etc. it becomes PUBLIC. It's no longer your private thoughts!

 

[Pea-n-Me]

Massachusetts this year enacted one of (if not the) first anti-bullying laws in the nation as a result of the suicides of two school children who were bullied both at school and electronically. Clearly a lot of thought was given to how to incorporate electronic communication into how it plays into situations at schools today. Here is some of the language. We will be seeing more of this, absolutely, then the cases will come that will challenge it, and case law will develop. It should be interesting to see how it plays out...

“Bullying”, the repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim’s property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property; (iii) creates a hostile environment at school for the victim; (iv) infringes on the rights of the victim at school; or (v) materially and substantially disrupts the education process or the orderly operation of a school. For the purposes of this section, bullying shall include cyber-bullying.

“Cyber-bullying”, bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.

“Hostile environment”, a situation in which bullying causes the school environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of the student’s education.

(b) Bullying shall be prohibited: (i) on school grounds, property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school, or through the use of technology or an electronic device owned, leased or used by a school district or school and (ii) at a location, activity, function or program that is not school-related, or through the use of technology or an electronic device that is not owned, leased or used by a school district or school, if the bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school or materially and substantially disrupts the education process or the orderly operation of a school. Nothing contained herein shall require schools to staff any non-school related activities, functions, or programs.

Read the entire law here: http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter92

 

[luvsJack]

I am all for stopping bullying (although, I don't think one rap constitutes bullying) and violent acts before they ever happen. I don't have a problem with schools acting on things that happened outside their four walls.

BUT, is this boy really a threat? For instance, read the rap song by Ice Cube that Firedancer mentioned. Read the lyrics to many of Ice T's songs. There are a lot of rap songs that DO mention specific people and specific acts. Did someone somewhere deem that Ice Cube or Ice T would not actually do the things they said? How? If what they produce is considered "music" or "art" then shouldn't his rap be considered the same? Where is the line?

Is the boy really a threat or is using his creativity for an art form? (maybe not an art form that many of us appreciate, but still an art form)

We say that the words we say have consequence. True, MOST of the time. But going back to the rappers--where is their consequence? Our kids see them perform some pretty raunchy stuff and make millions. Hey, wouldn't anyone like that "consquence"?

 

[snowy76]

What about the teachers' rights here? As I high school teacher, I have a right to feel safe at my workplace AND know that the environment is safe for my students.

No right is absolute. That's the tricky thing, and why we have the kind of judicial system we have. It is constantly weighing whose rights trump someone else's.

In this case, I suspect this student will be placed in an alt setting or on homebound status (in our district that's what expulsion means anyway). His educational rights won't be denied, and his fellow students and their teachers won't feel like their safety has been violated.

 

[Mermaid02]

What about the teachers' rights here? As I high school teacher, I have a right to feel safe at my workplace AND know that the environment is safe for my students.

No right is absolute. That's the tricky thing, and why we have the kind of judicial system we have. It is constantly weighing whose rights trump someone else's.

In this case, I suspect this student will be placed in an alt setting or on homebound status (in our district that's what expulsion means anyway). His educational rights won't be denied, and his fellow students and their teachers won't feel like their safety has been violated.

I certainly wouldn't expect any of the teachers he mentions in the song to have to teach him that's for sure!!

I would think they could admit him back to school- but that he be banned from extra curricular activities and that he leave the school grounds directly after school. Of course all of this depending on the investigation by law enforcement and a psych eval.

 

[OceanAnnie]

Pea-n-Me, thank you for posting the anti-bullying laws from Massachusetts. It is interesting. I think we will be seeing a lot more laws like this in the future.

I recently read about, "electronic aggression" and posted a thread about it. I think the CDC coined the term. I never heard of it prior to reading the article (below).

http://www.cdc.gov/Features/ElectronicAggression/

Young people who are victims of electronic aggression, such as posting of embarrassing photos and chat room harassment, may be at higher risk for behavioral problems such using alcohol, receiving school suspension, or experiencing in–person victimization.

Aggression is no longer limited to the school yard. Young people are using new media technology, including cell phones, personal data assistants, and the Internet, to communicate with others in the United States and throughout the world. New communication avenues, such as text messaging, chat rooms, and social networking Web sites (e.g., MySpace and Facebook), have allowed young people to easily develop relationships, some with people they have never met in person.

New technology has many potential benefits for youth. It allows young people to communicate with family and friends on a regular basis. New technology also provides opportunities for teens and preteens that have difficulty developing friendships in traditional social settings to make rewarding social connections. In addition, regular Internet access allows young people to quickly increase their knowledge on a wide variety of topics.
Action Steps

However, the recent explosion in technology does not come without possible risks. Youth can use electronic media to embarrass, harass or threaten their peers. Many different terms-such as cyberbullying, Internet harassment, and Internet bullying have been used to describe this type of violence; however, electronic aggression is the term that most accurately captures all types of violence that occur electronically. Increasing numbers of teens and preteens are becoming victims of this new form of violence. Like traditional forms of youth violence, electronic aggression is associated with emotional distress and conduct problems at school.

* School administrators can create a positive school atmosphere by talking with students and staff, providing training if needed, and developing policies, programs and a plan, to effectively address electronic aggression.
* Parents/caregivers can communicate with their children about technology; together they can develop rules about safe and acceptable behavior to prevent becoming victims. For years parents and caregivers have been asking their children where they go and who they are going with when they leave the house. They should ask these same questions when their child goes online. Exploring the Internet together provides insight to beneficial online activities; helps keep parents and caregivers up-to-date about their child’s activities, and may help reduce risk associated with aggression. Communicating with other parents and with school officials creates a stronger, more unified approach to electronic aggression.


More Information:

# Journal of Adolescent HealthExternal Web Site Icon This special issue of the Journal of Adolescent Health contains 10 articles summarizing the data and recommendations from researchers and practitioners who are working on the issue of electronic aggression.
# Electronic Media and Youth Violence: A CDC Issue Brief For Educators and Caregivers
# Technology and Youth: Protecting your Child from Electronic Aggression

 

[NHdisneylover]

I am all for stopping bullying (although, I don't think one rap constitutes bullying) and violent acts before they ever happen. I don't have a problem with schools acting on things that happened outside their four walls.

BUT, is this boy really a threat? For instance, read the rap song by Ice Cube that Firedancer mentioned. Read the lyrics to many of Ice T's songs. There are a lot of rap songs that DO mention specific people and specific acts. Did someone somewhere deem that Ice Cube or Ice T would not actually do the things they said? How? If what they produce is considered "music" or "art" then shouldn't his rap be considered the same? Where is the line?

Is the boy really a threat or is using his creativity for an art form? (maybe not an art form that many of us appreciate, but still an art form)

We say that the words we say have consequence. True, MOST of the time. But going back to the rappers--where is their consequence? Our kids see them perform some pretty raunchy stuff and make millions. Hey, wouldn't anyone like that "consquence"?

Do any of the people Ice T references in these songs have to spend time with Ice T on a daily basis? With compulsory attendance laws the other students pretty much have to. The teachers have to go back to work in a classroom with the student (or at least the building even if he is removed from their classes). It is much less threatening to make threats against people you would not really have any access to, in this case the boy does have direct access to those he threatened on a regular basis.

 

[Pea-n-Me]

Pea-n-Me, thank you for posting the anti-bullying laws from Massachusetts. It is interesting. I think we will be seeing a lot more laws like this in the future.

You're welcome. Things are pretty clear around here, and even prior to the law actually being enacted, school leaders were already taking steps toward educating personnel, students and parents to the description, dangers and repercussions of cyberspace and cyberbullying. DH and I attended a presentation at our kids' school with the district attorney and staff including one of the state troopers who investigates these cases to hear what's involved. Students had the same presentation. They all take it very seriously.

I just re-read the full text of the law and I missed this part earlier:

SECTION 18. There shall be a special commission to consist of 7 members: 1 of whom shall be the attorney general or a designee who shall chair the commission; 1 of whom shall be a representative of the Massachusetts District Attorneys Association; 1 of whom shall be a representative of the Massachusetts Chiefs of Police Association; 1 of whom shall be a representative of the Massachusetts Sheriffs’ Association; 1 of whom shall be a representative of the Massachusetts Association of School Committees; 1 of whom shall be a representative of the Massachusetts Association of School Superintendents; and 1 of whom shall be a representative of the Association of Independent Schools in New England who represents a Massachusetts school, for the purpose of making an investigation and study relative to bullying and cyber-bullying. The commission shall review the General Laws to determine if they need to be amended in order to address bullying and cyber-bullying; provided, further, that the commission shall also investigate parental responsibility and liability for bullying and cyber-bullying. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry out such recommendations, by filing the same with the clerks of the senate and the house of representatives who shall forward the same to the chairs of the joint committee on education, the chairs of the joint committee on the judiciary, and the chairs of the house and senate committees on ways and means on or before June 30, 2011.

 

[Ceila]

I think so too. So, how come everyone is ready to hang this child but no one thinks Facebook is bad? Facebook put personal stuff into public space. It's totally boundaryless and unhealthy.

Why are YOU focusing on how the child communicate his message and not what the message was (threats to others)? This child wrote - and posted - threats to other children and teachers. FB didn't post them. That's simply the forum he chose. If FB didn't exist, he would have e-mailed it to his friends, or written it on a paper and passed it around school, or whatever.

I really don't get what your problem is with FB. This isn't the first thread where you have blamed it for all of society's problems. Maybe you've had a bad experience, maybe your circle of friends is into carrying on with the drama, maybe none of those. But let me tell you, there were problems long before FB came around.

Most people use FB to enhance their lives. My family who lives far away loves hearing updates about my kids, I can chat with my aunt who lives 8 states away, sharing photos with family is so easy for me now, the list goes on and on.

Again, it's NOT the technology that's the problem - it's the person who chooses to use it to do wrong.

 

[luvsJack]

Do any of the people Ice T references in these songs have to spend time with Ice T on a daily basis? With compulsory attendance laws the other students pretty much have to. The teachers have to go back to work in a classroom with the student (or at least the building even if he is removed from their classes). It is much less threatening to make threats against people you would not really have any access to, in this case the boy does have direct access to those he threatened on a regular basis.

Well, he had a song about killing cops. Any one of them may have to deal with him on a daily basis. And Ice Cube's song was about former friends and bandmates I think.

I don't think anyone should ever have to interact with someone that makes them feel afraid or threatened. I think any act of bullying (again, one rap does not constitute bullying, which is something that is done over and over to intimidate) or threat of violence should be dealt with swiftly and completely. But, my question is: IS this boy a threat at all?

Where does the definition of art stop and an actual threat of violence begin? I don't see how we can call one song that threatens violence art and another a threat without some kind of definition of the two.

Some kids are just creative and need a better way to express that. If he is a fan of rap music and listens to the more violent stuff, maybe that was what he fashioned the song after. Most rappers write from their own experiences, maybe that is what he thought he was doing.

I think the boy should be evaluated and let the experts determine whether or not he is a threat before any punishment is decided on.


ETA: I agree that the problem is not Facebook but what is done with facebook. I think some people really do forget how public the forum is. DD is taking a computer class this year in jr. high. I personally believe they should do a unit on Facebook and other social networking forums and how they should or should not be used.