November 14, 2005

School District Pays Up

Violating the First Amendment rights of a middle school student cost the Oceanport, New Jersey schools $117,500.

"While my parents and I are happy the case is resolved, most importantly, I'm hopeful this will help ensure that free-speech rights of students aren't trampled on again in the future," said Dwyer, who is now in 11th grade.

Dwyer created the Web site containing criticism of Maple Place School in April 2003, on his own time from his home computer. Comments posted on the site's "guest book" section angered school officials, who suspended Dwyer for a week, benched him from playing on the baseball team for a month, and barred him from going on his class trip, among other discipline. The district's lawsuit said anti-Semitic remarks were posted on the site, which Dwyer denied writing.

"The school district has never — to this day — explained to us what rule or policy our son violated," said Kevin Dwyer, Ryan's father.

Maybe a few more big payouts like this will cause zero-tolerance crazed administrators to think critically before slapping students with draconian punishments for infractions that are no infractions at all – especially when it involves the illicit limitation of rights guaranteed by the Constitution.

Posted by: Greg at 12:46 PM | No Comments | Add Comment
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