Jump to content
Sign in to follow this  
AdamMAXIS

Would Anyone Happen To Be A Lawyer?

Recommended Posts

:bang::rollie::bang::rollie::bang::rollie:

Well, she would think she is smarter and would then make more moves toward my friend Alan... And if she does this, it kinda ruins a giant chain of friends.. so yeah.. I'm going to stick with not giving up.  

How old is Alan? He can't take care of himself? He can't say NO if she makes a "move" toward him? Oh, please. It's not called I will not surrender, it's called hatred.

Share this post


Link to post
Share on other sites

Just to be clear.. this is no "little" girl.. this girl is huge!! She could beat me up!! I mean.. dang!

 

That is besides the point... She has done horrible things to my friends and family.. a little site to make fun of her isn't so bad.. jeez, it wasn't like cursing and threats and other things..

Can't you take her route and report it to the school administrators?

 

Walk up to her and threaten her with that kind of action if she bothers you or your friends again.

 

Ah hell, I sound like a parent or something. :mrsgreen:

Share this post


Link to post
Share on other sites

I didn't see what your website posted. I don't know what she did to your friend or brother. It doesn't matter. What matters to you is what you do. What you can get away with, what you should do, and what you'll be happy with later are probably different things. I do like controversy and strife so just do as much as you can get away with. LOL Makes for more interesting pit reading. :mrgreen:

Share this post


Link to post
Share on other sites

Bah, I'm staying as far away from the school on this as possible... They would all just side with the "little innocent girl" as you all did.. even though she isn't little or innocent.. and barely a girl :mrgreen:

Share this post


Link to post
Share on other sites

Then just confront her about it. In my mind, a website isn't exactly the way to deal with the problem. :erm:

Share this post


Link to post
Share on other sites
Guest Amm121103

You know him how?   You have ONE post here.   You either know him at school or something and you're now siding with him or of the same age group level and maturity or it's Adam using a different screen name.   You don't know Bruce that well at all either since you've just joined here.

 

I'd butt out if I were you.   Sorry if this offends you but your post really doesn't fit in.

how do i know him? well, he's my boyfriend. i'll admit i'm a bit bias on this situation but i also know everything that's going on. this may only be my second post, but everyone has to start somewhere, right? sorry... but i'm stubborn, so i'm not going to butt out. you're right, i don't know Bruce but i've read what he said and it was out of line. and the original point of this thread was Adam asking for help, and now you're all criticizing him for something you don't know the first thing about... it's not right.

Share this post


Link to post
Share on other sites

Then just confront her about it. In my mind, a website isn't exactly the way to deal with the problem. :erm:

Whoa whoa whoa now.. I will not go talk to it! That is like... uhh being asked to shoot yourself in the foot! A big no no! :nono:

Share this post


Link to post
Share on other sites

Ah hell, I sound like a parent or something.  

:lol::mrgreen:

 

Is that so bad? :P

 

I was thinking through out this whole thread just how mature you sound. That's a good thing Chris, really!! :mrgreen:

Share this post


Link to post
Share on other sites

Looked at your site. Gotta tell ya that when I was your age I didn't spend much time doing anything but homework, trying to get laid, and some football practice. Course times have changed but maybe it's time for some stress relief. I'm assuming your in 9th grade from what some of your Xanga stuff said. Hope I haven't offended you. Just telling you what my intrests were some 42 years ago when I was 15. Best of luck to you in your persuits.

Share this post


Link to post
Share on other sites

Looked at your site. Gotta tell ya that when I was your age I didn't spend much time doing anything but homework, trying to get laid, and some football practice. Course times have changed but maybe it's time for some stress relief. I'm assuming your in 9th grade from what some of your Xanga stuff said. Hope I haven't offended you. Just telling you what my intrests were some 42 years ago when I was 15. Best of luck to you in your persuits.

Haha, yeah, almost the same here... except I play some video games instead of football.. I'm a junior in high school, 11th grade..

 

Sure, making that xanga took maybe.. 2-5 minutes.. and gets rid of stress.. I don't mean to make this girl that upset or anything, its not like any of the stuff I wrote on there could upset anyone anyways.. :mrgreen:

Share this post


Link to post
Share on other sites

O so I made a fake weblog to make fun of that girl

 

So... My freedom of speech allows me to continue right?  Is that site 100% legal? That is the question..

Then look at your terms of service.

 

Terms of Use

 

 

Member conduct

 

Xanga's Terms of Use is designed primarily to protect our members. To help maintain a safe and fun environment at Xanga, you must agree not to use Xanga's products or services to:

 

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a Xanga official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

 

Myself,I'd just drop it.It might not come back to bite you,but you never know.You said the other site was popular,and she's already taken it to a counselor,most likely her parents and others.If more than six people know about this new one,she'll find it.(I mean what good is it if it doesn't hurt her?)You can do anything

you want to,but there may be a price to be paid.I've paid my share,some can be steep.(My four cents)

Peace to you and yours.

Share this post


Link to post
Share on other sites

Oh my god man. You're a junior in HIGH SCHOOL? This is pathetic man. You need to go out and get a life. I'm sorry but this just became the biggest damn clown show I've heard in a long time.

 

You're 1 year away from being an adult according to age. Judging your actions and emotions, you're about 10 years of becoming a grown adult man in literal terms. I'd grow up if I were you and stop worrying about such small things. So what if she did this or she did that. Get over it. Move on. Grow up and have some fun. Sheesh.

 

High school was so much different 5 years ago. I'm shocked at this.

Share this post


Link to post
Share on other sites

Oh my god man. You're a junior in HIGH SCHOOL? This is pathetic man. You need to go out and get a life. I'm sorry but this just became the biggest damn clown show I've heard in a long time.

 

You're 1 year away from being an adult according to age. Judging your actions and emotions, you're about 10 years of becoming a grown adult man in literal terms. I'd grow up if I were you and stop worrying about such small things. So what if she did this or she did that. Get over it. Move on. Grow up and have some fun. Sheesh.

 

High school was so much different 5 years ago. I'm shocked at this.

Umm.. a little harmless fun is such a bad thing now? I have plenty of fun.. but, it feels good to relieve some stress once in a while... ya know? :)

Share this post


Link to post
Share on other sites

Good god,, Peyton Place Part Deux?? :mrgreen:  v

Ok... I'll bite. :)

 

Gimme a link to what the hell you're talking about volt :P

 

Umm.. a little harmless fun is such a bad thing now? I have plenty of fun.. but, it feels good to relieve some stress once in a while... ya know?  

 

Apparently it's not little nor is it harmless. You just don't get it do you? I bet it feels good to put others down. Most people that do this are extremely insecure though so enjoy.

 

As for stress relief though, go get drunk, party, play sports, whatever. Basically, go out and do whatever it is you do to have fun that will relieve stress.

Edited by Newdles

Share this post


Link to post
Share on other sites

Ok... I'll bite. :)

 

Gimme a link to what the hell you're talking about volt :P

 

 

 

Apparently it's not little nor is it harmless. You just don't get it do you? I bet it feels good to put others down. Most people that do this are extremely insecure though so enjoy.

 

As for stress relief though, go get drunk, party, play sports, whatever. Basically, go out and do whatever it is you do to have fun that will relieve stress.

Nice advice buddy.. you want a minor to get drunk!? Bah!

It is little and harmless, this girl just hates my guts, she has always hated my family and she is just doing it for attention and to get me in trouble.

This girl puts her self down.. if only you've seen half the things I have.. :mrsgreen:

Share this post


Link to post
Share on other sites

Oh it's a bit before your time Newdles, you have to be a bit older to remember it.

 

Unfortunatly I know what Volt is talking about. :blink:

 

http://www.meekermuseum.com/literacy.html

Thanks grumpy gramps :)

 

Oh, and you're right Adam, getting drunk is bad advice. But I didn't say get drunk and go driving. You just getting caught drinking period will be a less offense than what you could get through this. One is also alot more likely to just be a situation they just let you go on one or two times if caught (drinking).

 

Also, tons of kids do it and I know most did it when they were kids... I sure did. NEVER got in trouble either as when we drank, we stayed where we were. Had cops show up and know damn well what we were doing. The door guy was whoever the most sober one was at the time. We were responsible for what we did though and the cops knew that and knew all of us (small town).

 

You choose... look like a fool, get in big trouble possibly, lower yourself even more, grow even more stupid and immature, or just let it go and be a man about things. Grow up is the only thing I can say. It's extremely a major shame knowing that the youth acts like you do. You're about ready to venture out in the real world within less than 2 years. If all kids thought like you nowdays, my god at what our world will be like when I'm about 50. I don't even want to know.

Edited by Newdles

Share this post


Link to post
Share on other sites

Well if I went out drinking to solve all my problems *cough* Newdles *cough* then, I'd be more immature and in more trouble..

 

Also, tons of kids do it and I know most did it when they were kids

Yeah.. tons of kids do drugs too.. should I do it?

 

You choose... look like a fool, get in big trouble possibly, lower yourself even more, grow even more stupid and immature, or just let it go and be a man about things.

There won't be any more trouble, I can assure you that..!

 

It's extremely a major shame knowing that the youth acts like you do.

Pffft.. its a shame that most kids my age are always drinking and doing drugs.. you wouldn't believe what some kids did when they were high/drunk.. a KKK incident happened around here... it was on the news, some kids threw a rock that said KKK on it through some poor kid's window.. they got arrested and got some jail time.. yeah, goes to show ya what happens when you are ignorant and get drunk to solve all your problems.

 

If all kids thought like you nowdays, my god at what our world will be like when I'm about 50.

:rolleyes: Oooo scary! Some kids are making little jokes on their blogs!

Oh wait a minute... hopefully you'll still be alive at 50.. don't drink and drive ;):cheers:

Edited by AdamMAXIS

Share this post


Link to post
Share on other sites

Here are some examples I found showing that xanga to be completely legal...

 

1. Beussink v. Woodland R-IV School District

In Beussink v. Woodland School District, a federal district court in Missouri was the first to issue a decision involving a public high school's punishment of a student for his private use of the Internet. The site in question criticized the school, teachers and administrators. The court found in favor of the student, holding that Woodland High School officials violated high school junior Brandon Beussink's First Amendment rights when they suspended him for 10 days. The suspension resulted in Beussink failing all of his classes.

 

In its ruling, the court determined that the "material disruption" standard of Tinker was the appropriate standard for review, despite the fact that Tinker traditionally had not been intended to determine the protection of independent student speech that takes place off campus. Without explanation, the court applied Tinker and examined whether Beussink's Web site, which all parties acknowledged was created entirely off campus using a personal computer and private Internet account, caused any disruption at school. The court found that it had not.

 

The court did infer in a footnote that, by virtue of Beussink's classmate viewing his site at school, his speech was considered to have taken place on school grounds. It is important to note, as the court did, that Beussink originally did not intend for his site to be seen at school. The site was discovered accidentally by the classmate who had visited his home. There was disputed testimony by the school librarian that Beussink accessed the site on a library computer on the same day the principal saw it. However, the librarian did not claim that Beussink showed the site to other students.

 

Other than the disputed incident in the school library, none of the displays of the site at school came about because of Beussink's own actions. Therefore, it is hard to see how Beussink could be blamed for the appearance of his Web site on school computers. Thus, the significance of Beussink is that while on the surface it is a victory for student free-speech rights, its application of Tinker to off-campus speech carries the implication that off-campus speech, while entitled to significant First Amendment protection, is not completely outside the reach of school authorities when other students bring the expression on campus..

 

2. Emmett v. Kent School District

The court in Emmett v. Kent School District -- the second to rule in a case brought by a high school student after school officials punished him for his private Web site -- also found that the school had crossed constitutional lines.79 Nick Emmett, an 18-year-old honor student with an otherwise exemplary record at Kentlake High School in Kent, Wash., created the "Unofficial Kentlake High Home Page." The site, which included a disclaimer pointing out that it was for entertainment purposes only, included tongue-in-cheek "mock obituaries" of at least two of Emmett's friends. The obituaries were apparently the result of a creative writing assignment in which students were asked to write their own obituaries. Emmett allowed Web site visitors to vote on who should be the subject of the next obituary. When school officials learned of the site, they put Emmett on emergency expulsion for intimidation, harassment, disruption to the educational process and violation of Kent School District's copyright. The expulsion was later changed to a five-day suspension.

 

In finding that the school officials had violated Emmett's First Amendment rights, the court discussed, but did not apply, either Hazelwood, Fraser or Tinker to the case.80 Rather, the court explicitly distinguished between an underground newspaper distributed on school grounds and the private Web site at issue.81 "Although the intended audience was undoubtedly connected to Kentlake High School, the speech was entirely outside of the school's supervision or control," the court wrote.82 Finding that the school presented no evidence that Emmett's site posed any genuine threat or that it "manifested any violent tendencies whatsoever," the court ordered the school to immediately lift the suspension.83 The school also later agreed to pay Emmett $1 in damages plus $6,000 in legal costs.84

 

3. Beidler v. North Thurston County School District

In another case out of Washington State, a state court in January 1999 ruled that school officials at Timberline High School in Lacey violated the First Amendment when they punished Karl Beidler, then a 17-year-old junior, for his private Web site that ridiculed a school administrator.85 Officials suspended Beidler for the remainder of the school year for "exceptional misconduct." The court quickly dismissed the school's claims that either Hazelwood or Fraser justified the disciplinary action. But it also sidestepped the question of whether Tinker was the appropriate standard for off-campus speech in its finding that the evidence did "not show a material and substantial disruption of the work or discipline of the school ... regardless of where the geographical limits of school authority may lie. ..."86 After the court found that school officials overstepped their bounds in expelling Beidler, the school district agreed to pay him $62,000 in damages.87

 

Mere offensive content, such as profane language or ideas, is not obscene under the Supreme Court standard.108

 

While students are strongly urged to exercise common sense and good judgment in their selection of content -- as well as avoiding some of the legal problems discussed below -- public school officials are forbidden from punishing students solely because of the viewpoint expressed on a subject.98 In fact, courts have come to respect frank, opinionated discussion of serious topics in underground papers.99

 

The Supreme Court's test for obscenity involves three elements: (1) whether a reasonable person, applying contemporary community standards, would find that the work, taken as a whole, appeals to a prurient (lustful) interest, (2) whether the work depicts or describes in a patently offensive way sexual conduct specifically defined as obscene by the applicable state law, and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.107 Mere offensive content, such as profane language or ideas, is not obscene under the Supreme Court standard.108

 

The Supreme Court has held that schools do not have an absolute power to limit the speech of their students. However, when the content of the speech is likely to cause a disruption at the school, the speech itself may be forbidden. Simple discomfort or anger on the part of teachers or other school administrators is not enough to justify discipline.

 

Recently, another court applied this general rule to a student's personal web page and again decided that, unless there is a reasonable expectation that the message would cause a disruption, the student who posts the message should not be subject to punishment. Put another way, the school would probably be able to punish the student if there is a reasonable belief that, if the information on the website is seen by the student population, a disruption will ensue (for example: the student posts plans for the commission of a violent crime on campus). The likelihood of a disruption, and the justification for discipline, will increase if the material from the personal website is printed and taken to school. The answer to these questions, therefore, depends greatly on the circumstances involved.

Share this post


Link to post
Share on other sites

Ahh no that doesn't show that what you were doing was legal, not in any way shape or form.

 

All that says is the school, doesn;t have the authority to step in.

 

Not to mention if you read your web site agreement, you broke most of the rules you agreed to when you signed up for it.

 

Doesn't much matter, anyways. You just go ahead and keep playing your junior high school games.

Share this post


Link to post
Share on other sites

Ahh no that doesn't show that what you were doing was legal, not in any way shape or form.

 

All that says is the school, doesn;t have the authority to step in.

 

Not to mention if you read your web site agreement, you broke most of the rules you agreed to when you signed up for it.

 

Doesn't much matter, anyways. You just go ahead and keep playing your junior high school games.

Umm... Did you see that I took that site down? I am also not going to write about that girl anymore.. she is just too much of a tattle tale.. I'll just write about fictional people to vent if need be..

 

Heh heh, and did you see my disclaimer?

** DISCLAIMER: This site is for entertainment purposes only. ALL CHARACTERS AND EVENTS IN THIS XANGA ARE ENTIRELY FICTIONAL.

This site is a parody. It exercises creative writing and is in no way related to any real person or culture. **

You'd be amazed how much these things work! :mrgreen:

http://xanga.com/saddamhussein - Xanga lets some things slide...

Edited by AdamMAXIS

Share this post


Link to post
Share on other sites

Ahh no that doesn't show that what you were doing was legal, not in any way shape or form.

 

All that says is the school, doesn;t have the authority to step in.

 

Not to mention if you read your web site agreement, you broke most of the rules you agreed to when you signed up for it.

 

Doesn't much matter, anyways. You just go ahead and keep playing your junior high school games.

Hey Brucy :wub:

There are four elements a person must establish in order to prove he or she has been defamed: (1) Publication, (2) Identification, (3) Harm and (4) Fault. Each of the four elements must be proven. For example, even if a story you have written meets the publication, harm and fault elements, a libel claim will still fail if you have not identified the claimant.

I. Publication

 

 

A statement is "published" if it is communicated to someone other than the person whom the statement is about.

Publication can take many forms and does not simply mean that the statement has been printed in a newspaper or other document. For example, a defamatory statement's presence on a computer screen in the newsroom where it is read by other students could constitute publication.

II. Identification

 

A statement "identifies" a person if it is shown that it is "of and concerning" that person.

 

Disguising a Subject's Identity

Where you successfully omit or alter a subject's identity, they cannot successfully sue you for libel. Care should be taken that: (1) the subject's identity has been disguised enough so that no one can reasonably make an identification and (2) the disguised subject does not resemble some third party who would then have cause for complaint. Every story should clearly state what facts have been altered.

 

Group Libel

Individuals can be defamed; groups of people cannot be. The key question is whether a statement about a group can reasonably be interpreted to refer to a specific individual in the group. While there is no hard rule, several courts have indicated that individual members of a group larger than 25 will have a difficult time proving that they have suffered individual harm. On the other hand, individuals in a smaller group may be able to claim that their reputation has been damaged. For example, the generic statement, "the tennis team is being investigated for substance abuse" could subject a publication to a libel suit if the team consists of just 12 members.

 

Corporation or Entity Libel

Corporations and other business entities, including private schools and religious organizations, can be defamed. Like individuals, their reputations affect their ability to conduct their affairs in a community.

 

III. Harm

 

A statement is harmful if it seriously shames, ridicules, disgraces or injures a person's reputation or causes others to do so. Statements that are mildly embarrassing or merely confusing or inacurate will not meet the "harm" test.

 

The following are examples of "Red Flag" statements that could cause significant harm to a person's reputation; extra caution is advised:

 

 

Statements regarding improper sexual conduct. (For example, printing that an unmarried student is pregnant.)

Statements that associate someone with a vile disease.

Statements that accuse someone of illegal behavior.

Statements that hurt someone's livelihood.

Statements that allege racial or religious bigotry.

IV. Fault

 

In order to be "at fault" in publishing a statement, the person suing must prove that the reporter either did something they should not have done or that they failed to do something that they should have done. If the reporter did everything a "reasonable reporter" should have done to verify the information in his or her story before publishing it - for example, talked to all sides, obtained and read all relevant documents, took accurate notes, etc. - the reporter is not legally "at fault."

 

People suing for libel who are either public officials or public figures will often have to prove a higher level of fault than an ordinary person.

 

The Public Official/Public Figure Standard

 

New York Times Company v. Sullivan, 376 U.S. 254 (1964).

In order for a public official or a public figure to prove defamation, they must prove actual malice. Actual malice requires that the person suing prove that the challenged statement was published by those who either knew it was false or were reckless in verifying its accuracy.

 

Who is a Public Official?

The Supreme Court has said that a public official is one who, at the very least, has or appears to the public to have, a substantial responsibility for or control over governmental affairs.

 

Who is a Public Figure? There are two categories:

(1) General Purpose Public Figure: a "celebrity," whose pervasive fame or notoriety has made his or her name a "household word."

(2) Limited Purpose Public Figure: someone who has voluntarily assumed a leading role in a particular public controversy.

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...