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Topic: New Jersey teen faces anti bullying laws for anti Israel twe
Daniel74126's photo
Sat 01/09/16 01:20 AM



Overall I have to agree with you. In regards to ANYTHING she posted on twitter, so long as she did not use school property to do so, she can not be touched (and that has been proven in court numerous times the last several years.

As far as the first amendment goes however, what a lot of people fail to remember or realize (mainly due to poor educational standards across the nation) is that until you are an adult (or emancipated by a court of law) you do not have the same rights as an adult citizen. You do NOT have the right to free speech for example. You DO have the legal right to be heard which means if you have a problem or if you need to address something you have to be listened to and considered. You do not however, have the full freedom to say what you want when you want however you want.

Now, with that said, it doesn't really mean much at this point anyway because nobody is going to refuse to listen to a teenager or a child just because they are not an adult as well all know. BUT it does cover the fact that she does NOT have the right, and more and more schools are enforcing this, to say what she wants in school without fear of reprimand.

In regards to the school taking her phone and searching it? That is a direct violation of the fourth amendment (which minors DO HAVE FULL RIGHTS TO); and again this has been upheld in court numerous times over the past several years. This does not mean the student was right in recording the conversation without stating she was going to first (she does not need permission to do so, she just needs to state she will be recording so the other person(s) can refuse to talk while on tape). The proper and legal path has to be followed in order to obtain it, and under most circumstances it will be disregarded unless the recording was used to bring harm to the other person or is used as evidence and it will then be tossed out.



What it boils down to is if it did not happen on school property or at a school function, and it did not involve school equipment, the school pretty much has no authority. IF she is bullying someone via the internet and not from a school resource, then the only thing that can be done is to involve the police and have the police investigate the matter.

could you please show me the Age-qualification in the First Amendment?


No Conrad I will not. If you are interested in following up on it you are more than welcome to read the constitution yourself, and the many, many judicial rulings in place regarding what is meant by the constitution.





After taking a look at your profile, and realizing that you are not (again this is going by your profile) an American citizen, and thus did not have the education I had growing up (Civics specific to the USA), I have decided to go ahead and provide a single link for you in regards to a minors rights being limited... See below:


http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html


Minors also have rights under the U.S. Constitution. Specifically, they have the right to equal protection, which means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing, before any of their basic rights are taken away by the government. - See more at: http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html#sthash.TZeNhmXx.dpuf

Daniel74126's photo
Sat 01/09/16 01:22 AM


A social media storm erupted after administrators at a New Jersey high school accused a student of bullying because of anti-Israel comments that she posted on Twitter. They say that the tweets may have violated the state's broad anti-bullying laws.

Bethany Koval, a 16-year-old Israeli Jew, said on Wednesday that she was called to the principal's office at Fair Lawn High School and reprimanded for making tweets criticizing Israel and mentioning that a pro-Israel classmate had unfollowed her on Twitter.


Comment: So where's the real problem? It doesn't seem to exist. Maybe the school administrators need a refresher course in the 1st Amendment.


Administrators warned her that she could face legal consequences for her actions, since New Jersey has some of the strictest anti-bullying legislation in the country. Under the New Jersey Anti-Bullying Bill of Rights Act, which only came into force in 2011, she could be suspended or expelled.

Koval is a prolific Twitter user. She had made over 21,000 tweets and has almost 7,000 followers, many of whom she gained in the last few days. The fiasco that she is the center of has since become a social media sensation.

The outspoken high schooler has been met with both support and opposition online.

When Koval was called down to the principal's office, she began documenting the situation on Twitter.

"I'm about to be exposed for being anti-Israel. Pray for me," she tweeted.

A few minutes later, she tweeted that the administrator threatened to "file a bullying case" against her.

"It's against state law to express unpopular political views on the Internet, now," she tweeted again.

In addition to rebuking her and warning her about legal consequences, the administator searched Koval's phone to make sure that he had not recorded their conversation. The student could be sued if she had, he told her.

The administrator was correct in their assumption; Koval posted videos of the meeting on Twitter. In one recording, Koval can heard telling the administrator that her tweets may have been controversial, but she didn't think they were "problematic."

"Well that's your interpretation," the administrator said. "There's a state law that might interpret it differently."


Comment: Ya maybe, except for that little nuisance known as the 1st Amendment to the US Constitution that guarantees the right of free speech for everyone in the USA.


In a second clip, the administrator can be heard warning her about legal consequences again.

"You can sit there with your smug attitude right now, but if it's got to go into a bullying case because you think it shouldn't be and the state says it is, you're going to lose," he said.

Fair Lawn High School Principal James Marcella told the New York Times that the issue has been referred to the school district's superintendent, Bruce Watson, and that a statement would be released on Thursday afternoon.

Stanley Cohen, a lawyer consulted by Koval's family, said he that doubted that the complaints over her tweets would end up being a legal matter. He said he hoped school officials would looking beyond "the emotion of the moment and say 'Move on, this is no big deal,'" adding that he believes that young people should be encouraged to express their opinions in an academic environment.

http://www.rt.com/usa/328218-new-jersey-bullying-tweets/
she does have that Right under the First,and if she didn't commit a Crime,even can exercise on School-Property,,since ,technically,the >School is a "Public" Place!
SCOTUS made that so,when they decided that Christian Bakeries are "Public" and have to bake Cakes whether they are so inclined or not!
Chicken are coming home to bite Ar$es!rofl


You need to stop and familiarize yourself with American laws and our constitution before saying someone is right or wrong ;-)

Conrad_73's photo
Sat 01/09/16 01:23 AM




Overall I have to agree with you. In regards to ANYTHING she posted on twitter, so long as she did not use school property to do so, she can not be touched (and that has been proven in court numerous times the last several years.

As far as the first amendment goes however, what a lot of people fail to remember or realize (mainly due to poor educational standards across the nation) is that until you are an adult (or emancipated by a court of law) you do not have the same rights as an adult citizen. You do NOT have the right to free speech for example. You DO have the legal right to be heard which means if you have a problem or if you need to address something you have to be listened to and considered. You do not however, have the full freedom to say what you want when you want however you want.

Now, with that said, it doesn't really mean much at this point anyway because nobody is going to refuse to listen to a teenager or a child just because they are not an adult as well all know. BUT it does cover the fact that she does NOT have the right, and more and more schools are enforcing this, to say what she wants in school without fear of reprimand.

In regards to the school taking her phone and searching it? That is a direct violation of the fourth amendment (which minors DO HAVE FULL RIGHTS TO); and again this has been upheld in court numerous times over the past several years. This does not mean the student was right in recording the conversation without stating she was going to first (she does not need permission to do so, she just needs to state she will be recording so the other person(s) can refuse to talk while on tape). The proper and legal path has to be followed in order to obtain it, and under most circumstances it will be disregarded unless the recording was used to bring harm to the other person or is used as evidence and it will then be tossed out.



What it boils down to is if it did not happen on school property or at a school function, and it did not involve school equipment, the school pretty much has no authority. IF she is bullying someone via the internet and not from a school resource, then the only thing that can be done is to involve the police and have the police investigate the matter.

could you please show me the Age-qualification in the First Amendment?


No Conrad I will not. If you are interested in following up on it you are more than welcome to read the constitution yourself, and the many, many judicial rulings in place regarding what is meant by the constitution.





After taking a look at your profile, and realizing that you are not (again this is going by your profile) an American citizen, and thus did not have the education I had growing up (Civics specific to the USA), I have decided to go ahead and provide a single link for you in regards to a minors rights being limited... See below:


http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html


Minors also have rights under the U.S. Constitution. Specifically, they have the right to equal protection, which means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing, before any of their basic rights are taken away by the government. - See more at: http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html#sthash.TZeNhmXx.dpuf

rofl rofl rofl rofl rofl rofl rofl rofl
Time for the Rolling Heads!

Daniel74126's photo
Sat 01/09/16 01:25 AM





Overall I have to agree with you. In regards to ANYTHING she posted on twitter, so long as she did not use school property to do so, she can not be touched (and that has been proven in court numerous times the last several years.

As far as the first amendment goes however, what a lot of people fail to remember or realize (mainly due to poor educational standards across the nation) is that until you are an adult (or emancipated by a court of law) you do not have the same rights as an adult citizen. You do NOT have the right to free speech for example. You DO have the legal right to be heard which means if you have a problem or if you need to address something you have to be listened to and considered. You do not however, have the full freedom to say what you want when you want however you want.

Now, with that said, it doesn't really mean much at this point anyway because nobody is going to refuse to listen to a teenager or a child just because they are not an adult as well all know. BUT it does cover the fact that she does NOT have the right, and more and more schools are enforcing this, to say what she wants in school without fear of reprimand.

In regards to the school taking her phone and searching it? That is a direct violation of the fourth amendment (which minors DO HAVE FULL RIGHTS TO); and again this has been upheld in court numerous times over the past several years. This does not mean the student was right in recording the conversation without stating she was going to first (she does not need permission to do so, she just needs to state she will be recording so the other person(s) can refuse to talk while on tape). The proper and legal path has to be followed in order to obtain it, and under most circumstances it will be disregarded unless the recording was used to bring harm to the other person or is used as evidence and it will then be tossed out.



What it boils down to is if it did not happen on school property or at a school function, and it did not involve school equipment, the school pretty much has no authority. IF she is bullying someone via the internet and not from a school resource, then the only thing that can be done is to involve the police and have the police investigate the matter.

could you please show me the Age-qualification in the First Amendment?


No Conrad I will not. If you are interested in following up on it you are more than welcome to read the constitution yourself, and the many, many judicial rulings in place regarding what is meant by the constitution.





After taking a look at your profile, and realizing that you are not (again this is going by your profile) an American citizen, and thus did not have the education I had growing up (Civics specific to the USA), I have decided to go ahead and provide a single link for you in regards to a minors rights being limited... See below:


http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html


Minors also have rights under the U.S. Constitution. Specifically, they have the right to equal protection, which means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing, before any of their basic rights are taken away by the government. - See more at: http://family.findlaw.com/emancipation-of-minors/what-are-the-legal-rights-of-children.html#sthash.TZeNhmXx.dpuf

rofl rofl rofl rofl rofl rofl rofl rofl
Time for the Rolling Heads!


You can laugh all you want to Conrad, but the simple fact is you are wrong. In the United States of America, until you reach majority age (generally 18 unless emancipated and 21 for consumption of alcohol) your rights are limited to just about basic human rights. there are many, many more links out there that you can easily find going into more detailed explanation of what rights a minor has or does not have, and I leave the research to you.

no photo
Sat 01/09/16 06:28 AM


Hhaa.. laugh There are some distinction.

Miley Cyrus is a whore of Babylon

@bendykoval is a propoganda whore of Palestine

Cyrus is an adult who gets paid to be one.

Koval is a child who is being used as a political pawn.
* And should have all her electronic toys taken away & be suspended or expelled *



lmao

I agree she should have all her electronic toys taken away, but her posting on twitter has nothing to do with the school, since it did not happen from a school computer or something similar. her recording the conversation with her principle can not be legally proven since it was found through the principle violating her fourth amendment rights so no school suspension, etc.

However, as I said, I completely agree her parents need to step up, remove all electronics and GROUND HER SORRY BEHIND, basically putting her under house arrest for however long is needed lol




Well the parents created this monster.. So it isn't likely she will have consequences . Geez..maybe they will buy her car, since she suffered so.. . slaphead

Actually this has little or nothing to do with her right to free speech.
She is a child, in school on school time, slamming & defaming another student (who happens to be pro Israel). And recording a school official & tweeting about it.

So..the liberal media & the Dems & The Palestinian defense league.. Want us to believe this is about the 4th amendment.

Okay then.. Let's run with that! Flip the scenario.

That would also mean that a student who tweets " F@ck Africa ", " F@ck Muslims ", "F@ck the girl who is pro Christian (or Hindu or anything)... Would also have the right to not only tweet it, but do so during school hours, and record it.
Would the Libs, the media, the ACLU etc..come & defend that? Would there be threats to the school by the ones she is defending.. Like there is now?
NO OF COURSE NOT.

Would an employer keep an employee on who tweeted hate speech & recorded her boss?

NO OF COURSE NOT.

This girl wants attention for herself & her cause anyway... Then the school should permanently expel her. She can play martyr.
And the other kids can turn off there phones during school hours or have them confiscated or risk suspension or expelled also.

Schools can NOT let students (children) or the media or popular public opinion or PC run the show or rewrite rules or lower standards or give in to intimation.




Sojourning_Soul's photo
Sat 01/09/16 06:47 AM

future her...




Her and Piglozi, both from Cali, and hanging a picture of either over your bed works better than any birth control product bigsmile

Conrad_73's photo
Sat 01/09/16 06:50 AM


future her...




Her and Piglozi, both from Cali, and hanging a picture of either over your bed works better than any birth control product bigsmile
grumble grumble laugh

mightymoe's photo
Sat 01/09/16 10:15 AM





Wait, are you guys ganging up on a 16yr old school girl for practising her 1st amendment???

Pretty gross of you all I tell yanoway


Canadians...whoa


Idiots... whoa

to thine own Self be true!
The Bard!:laughing:


I have a bit more class than to lump all Americans together

This thread and many others here have a unusually high percentage of morons

If the shoe fits, and it does fit... waving
yea, we all think your the classiest in here...especially when you post your sentiments on Israel and Jews...

mightymoe's photo
Sat 01/09/16 10:17 AM






Overall I have to agree with you. In regards to ANYTHING she posted on twitter, so long as she did not use school property to do so, she can not be touched (and that has been proven in court numerous times the last several years.

As far as the first amendment goes however, what a lot of people fail to remember or realize (mainly due to poor educational standards across the nation) is that until you are an adult (or emancipated by a court of law) you do not have the same rights as an adult citizen. You do NOT have the right to free speech for example. You DO have the legal right to be heard which means if you have a problem or if you need to address something you have to be listened to and considered. You do not however, have the full freedom to say what you want when you want however you want.

Now, with that said, it doesn't really mean much at this point anyway because nobody is going to refuse to listen to a teenager or a child just because they are not an adult as well all know. BUT it does cover the fact that she does NOT have the right, and more and more schools are enforcing this, to say what she wants in school without fear of reprimand.

In regards to the school taking her phone and searching it? That is a direct violation of the fourth amendment (which minors DO HAVE FULL RIGHTS TO); and again this has been upheld in court numerous times over the past several years. This does not mean the student was right in recording the conversation without stating she was going to first (she does not need permission to do so, she just needs to state she will be recording so the other person(s) can refuse to talk while on tape). The proper and legal path has to be followed in order to obtain it, and under most circumstances it will be disregarded unless the recording was used to bring harm to the other person or is used as evidence and it will then be tossed out.



What it boils down to is if it did not happen on school property or at a school function, and it did not involve school equipment, the school pretty much has no authority. IF she is bullying someone via the internet and not from a school resource, then the only thing that can be done is to involve the police and have the police investigate the matter.

could you please show me the Age-qualification in the First Amendment?


No Conrad I will not. If you are interested in following up on it you are more than welcome to read the constitution yourself, and the many, many judicial rulings in place regarding what is meant by the constitution.


actually I have,and you're Dead-wrong,as usual!


Actually Conrad you have done no such thing, or you are intentionally ignoring facts and court rulings (as usual). I highly reccomend you stop replying with (you're wrong) every time someone says something you do not agree with because eventually you are going to get enough egg on your face to smother yourself ;-)
laugh laugh laugh
OMG,not another "EXPERT" of the Constitution!yawn


he's an all around expert, there's very much he doesn't know...

Conrad_73's photo
Sat 01/09/16 10:21 AM







Overall I have to agree with you. In regards to ANYTHING she posted on twitter, so long as she did not use school property to do so, she can not be touched (and that has been proven in court numerous times the last several years.

As far as the first amendment goes however, what a lot of people fail to remember or realize (mainly due to poor educational standards across the nation) is that until you are an adult (or emancipated by a court of law) you do not have the same rights as an adult citizen. You do NOT have the right to free speech for example. You DO have the legal right to be heard which means if you have a problem or if you need to address something you have to be listened to and considered. You do not however, have the full freedom to say what you want when you want however you want.

Now, with that said, it doesn't really mean much at this point anyway because nobody is going to refuse to listen to a teenager or a child just because they are not an adult as well all know. BUT it does cover the fact that she does NOT have the right, and more and more schools are enforcing this, to say what she wants in school without fear of reprimand.

In regards to the school taking her phone and searching it? That is a direct violation of the fourth amendment (which minors DO HAVE FULL RIGHTS TO); and again this has been upheld in court numerous times over the past several years. This does not mean the student was right in recording the conversation without stating she was going to first (she does not need permission to do so, she just needs to state she will be recording so the other person(s) can refuse to talk while on tape). The proper and legal path has to be followed in order to obtain it, and under most circumstances it will be disregarded unless the recording was used to bring harm to the other person or is used as evidence and it will then be tossed out.



What it boils down to is if it did not happen on school property or at a school function, and it did not involve school equipment, the school pretty much has no authority. IF she is bullying someone via the internet and not from a school resource, then the only thing that can be done is to involve the police and have the police investigate the matter.

could you please show me the Age-qualification in the First Amendment?


No Conrad I will not. If you are interested in following up on it you are more than welcome to read the constitution yourself, and the many, many judicial rulings in place regarding what is meant by the constitution.


actually I have,and you're Dead-wrong,as usual!


Actually Conrad you have done no such thing, or you are intentionally ignoring facts and court rulings (as usual). I highly reccomend you stop replying with (you're wrong) every time someone says something you do not agree with because eventually you are going to get enough egg on your face to smother yourself ;-)
laugh laugh laugh
OMG,not another "EXPERT" of the Constitution!yawn


he's an all around expert, there's very much he doesn't know...
laugh

Daniel74126's photo
Sat 01/09/16 03:14 PM
She is a child, in school on school time, slamming & defaming another student (who happens to be pro Israel). And recording a school official & tweeting about it.



Outside of her recording her session with the principle, I have not seen anything saying she posted during school hours. With that said, this doesn't mean she didn't. But either way, so long as she used her phone (which schools can not legally ban, sadly) it still is untouchable by the school unless she involves the school itself somehow (like saying those of us at such and such school believe.....). You can argue all you want, but this has been decided in the supreme court numerous times when parents sued the school for removing the child's phone on the basis the kid needed a private way to call mommy and daddy at any time of the day.

As far as recording the school official, it falls under whether she got his permission or not (I would presume not). And even then, because he violated her fourth amendment by seizing her personal phone and searching through it (instead of using his or a school's computer) the post that he found can not be used against her in a court of law. Again, the supreme court has deemed that personal belongings may NOT be searched on school grounds without either permission, a warrant (which has to be executed by the police, not the school admin) or reasonable evidence there is a problem, such as the police bringing a police dog in for an assembly and the dog going berserk.

The school CAN search lockers without permission, but again if your bag is in the locker, they can not open it without following the law. They can only move it aside to look around and under it.

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