Expert: Michael Troy - 4/4/2009

Question
QUESTION: My son is suspended for 46 days for a group he created on Facebook critical of his teacher. There was no picture or any proof that his teacher went to the school. The group was called "mr anderson is a midget pube" and was created from home. He called him a "douche" and a "fag" in it. I was wondering if this was at all slander. I would also like to know the legal Tennessee definition of slander. Does my son have the right to freedom of speech? He was 15 at the time of the creation. Could you please help?

ANSWER: Hello,

I cannot provide legal advice in this forum, but generally speaking it sounds like the information on the site would be considered the expression of an opinion, and therefore not slander.  Further, since the site was not created at school, it is hard to see how the school could justify punishment based on disruption to the learning process.  You may want to consider contacting the ACLU or some similar organization to see if they are interested in pursuing this matter for you in court.

I hope this helps!
- Mike


---------- FOLLOW-UP ----------

QUESTION: My son and I  attend informal the disciplinary Hearing authority requested by me after the suspension took place on 3/23/2009 and their final decision was(Evidence did not show that my son violated any school rules.
I do feel that the School principal in violation of the school rules and violated my son rights as an American citizen as well as my rights as a parent since the facebook is passcod protected .Can I sue her in Person since she descriminate against my son out of the whole crowed?
Since Iam afraid of retaliation , I decided not send my son back to school , which will add a financial burdin on us to send him to private learning center to be able to get credit and finish his quarter .

Answer
You may very well have a claim.  If you wish to pursue this, I strongly recommend retaining an attorney.  In my original answer, I recommended contacting the ACLU.  That organization not only has a great deal of experience in such cases, but is often willing to provide free legal assistance.

- Mike