140

You say: the school expects him to create a public Twitter account, with his real information, in order to promote the program & the results of the program. This is a cut-and-dried case of compelled speech. Your son is being required to say certain things in public in order to pass this course. The Supreme Court has decided that students do not "...


134

If the pill contained a harmful or noxious substance, this is battery, which is a crime in Lousiana ("the intentional administration of a poison or other noxious liquid or substance to another"). There is a specific crime in LA, battery of a teacher, which is dealt with somewhat more severely than non-teacher battery. It is not a crime to observe a crime ...


96

I told the school resource officer that I wanted to file charges against her and he said all she'll get is a "citation" because it isn't actually "criminal". The school resource officer should be fired for jumping to inept conclusions instead of bothering to conduct at least a minimum of legal research on this. It would have taken him less than 20 ...


49

I think some of the answers are good but taking a long approach. Much easier approach: Student: "I can't do the assignment." Teacher: "Why?" Student: "Twitter won't let me sign-up" Teacher: "Why?" Student: "I don't agree to their Terms of Service" Teacher: "You have to agree to it to use the site and will need to do that to pass" Student: "Will ...


32

With respect to disciplining its students and employees, a private school can basically do whatever it wants. There's more freedom to do so with respect to students than with employees, who have greater protections derived from anti-discrimination laws, collective-bargaining agreements, and the like. If a private school wants to impose a No Burger Tuesdays ...


29

I would suggest reaching out to the ACLU in addition to the EFF on the matter as the school could be in violation of multiple constitutional rights by compelling the student's participation on Twitter. There are two notable First Amendment violations, the first in the government compelling speech in the public forum with his personal information available (...


28

Edit 11/13/2018 Yes, I'm aware this answer does not address "what are the legal ramifications"; it is rather an overview of what the OP should consider doing in order to protect her case and herself from the misconduct of the local school and law enforcement authorities. You need the school authorities, police department and prosecutor to take you ...


21

Whether you choose to press charges is up to you, and not to the school. If you do though, make sure you have copies of all evidence relating to the school investigation and the student's suspension, in case it happens to "disappear" and everyone loses their memory.


16

A cease and desist letter is basically a formal way of them saying, "stop what you are doing, and please don't do it again." It is not proof of tortious conduct by you, nor is it proof of illegal conduct by you. It does not open up an avenue for the university to sue you, nor does it open up an avenue for the university to have you committed to a mental ...


14

According to New York law ELN § 17-142: Except as allowed by law, any person who directly or indirectly, by himself or through any other person: 1. Pays, lends or contributes, or offers or promises to pay, lend or contribute any money or other valuable consideration to or for any voter, or to or for any other person, to induce such voter or other person to ...


10

I think the other answers are off-base to the extent that they assume that what the student put in your drink is "noxious," "harmful," or "poison." As you describe it, they put herbs in your coffee, and I don't think that in most cases, one could accurately categorize a commercial herbal supplement as poison. Even if you had ...


9

Education in India falls under the concurrent list -- i.e. both state and union laws apply. However, there do not appear to be any codified "student rights". The relevant national body for "technical education" is the AICTE, which does have a mechanism for grievance redressal, this is often used as the primary source of complaints against ragging. You can ...


8

The First Amendment is absolutely relevant to the question, although it isn't the end of the story. Generally speaking, a school can establish reasonable rules and regulations for its students and punish those violations with punishments such as detentions, suspensions, expulsions, changes in grades on assignments or in classes, denial of eligibility to ...


8

This will be a very likely legal victory, but a potentially hard legal path. This is wrong for a bunch of factors. The downside is there's a lot of interesting legal exploration to do here, and some "new law" has a chance to emerge (i.e. influential case law), and it would take years to litigate it all. The good news is, you only have to win on ...


8

I'm not going to risk being charged with harassment, involuntarily committed (can they do that if I'm not a danger to myself/others?) or any other serious consequences. That's not even a worry. But given the far you have over it, it's time to stop talking, stop thinking, and get yourself competent legal counsel. Not least, so they can tell you that :) ...


7

Student loans work very differently than any other ordinary loan you could take out. They have explicit restrictions that limit what kinds of things you can use them for, including your tuition, books and other required materials (sometimes even a laptop), room and board, groceries, transportation (like a bus pass), and a few other minor essentials for going ...


6

This is more than a comment (too long), but not a definitive answer (since I am unfamiliar with the laws regarding this kind of thing). Please forgive me. First, there are some technical misunderstandings. They are not disabling SSL/TLS. Instead, they are inserting themselves in between these connections so they can make sure you aren't accessing material ...


6

I'm pretty sure in France you have moral rights and copyrights. I am writing from New Zealand, but we have some similar intellectual property laws due to being member countries of the World Intellectual Property Organisation. We are also both member countries of the World Trade Organisation (WTO has the TRIPS agreement which relates to IP). So my answer may ...


6

General Resource: the U.S. Department of Education puts out a nice compendium of the various state laws. Below are my jurisdictions. Illinois: (105 ILCS 5/10-22.6) In brief, school administrators may be delegated the authority to suspend students for gross disobedience or misconduct without consulting the board or the parents. In this case they must ...


6

Generally, the Second Amendment, so the argument goes, guarantees American citizens the right to bear arms, aka carry firearms. State laws vary by state. California, Iowa, Maryland, Minnesota, New Jersey, and New York are the only states that do not have a provision in their state constitutions mirroring or significantly reflecting the provisions of the ...


6

One of the relevant cases is Tinker vs. Des Moines. In it, students wore black armbands in protest, and were suspended from school unless they agreed to remove the armbands. Because their protest was non-disruptive, the school's position was found to be a violation of their civil rights. Generally, the school cannot interfere with students' rights to free ...


6

Although an academy is state-funded, it is not the government, so limitations on what a government is allowed to do are not applicable, and anyway there is no First Amendment separation of church and state in the UK. I presume your school has a formal faith designation, which means that it is not subject to Section 85 of the Equality Act 2010, which might ...


5

The answer is a clear maybe. The school has a set of rules and by not attending you have broken those rules. The rules may (probably do) allow for consideration of extenuating circumstances but, in general, it doesn't have to. There is probably an appeals process, you need to investigate this. That said, if there are no provisions for extenuating ...


5

In Does v Enfield, the ACLU, the ACLU of Connecticut and Americans United for Separation of Church and State sued the Enfield, Connecticut Board of Education. In that case, the school district agreed to stop holding the ceremonies in church. The lawsuit was brought based on the fact that the church had significant Christian iconography and banners reading "...


5

These offer letters typically state explicitly that the offer is contingent on approval by the relevant governing board. This is sufficient to thwart promissory estoppel. Such highest-level overturning are frequent enough in the US that a reasonable person would know that the principal (for instance) does not have final authority to make a contract. There ...


5

I have personal experience dealing with something similar. What I found was that the school district has policies, which are usually drafted from a boiler plate (which often originates from a subscription service) and then perhaps tweaked before being adopted by the Board of Education. There is generally an IT consent form (e.g. “Student Acceptable Use ...


5

A cease and desist letter usually alleges some illegal conduct such as defamation, and threatens a lawsuit if you do not cease and desist. If you received such a letter written by an actual attorney, the risk is that if you continue, you might get sued. Consulting an attorney, who will read the letter, would not be unwise. Their grounds for a suit would not ...


4

There is a general common law doctrine of contract interpretation which tells us that ambiguities are construed against the drafter. In your case, had the employer intended to require two years of work (or else reimbursement back to them) they could have explicitly stated this. The fact is, the contract is written as it is for a reason, likely to entice you ...


4

From my reading of the bill, and the manner in which it would amend the Family Educational Rights and Privacy Act, the changes do not prevent educational research, but rather, ensures that constraints are in place to prevent the identification of individual students as a result of that research. It also requires a student's parents to consent to such ...


4

There are two constitutional doctrines that prohibit discrimination based upon state of residence. One is the dormant commerce clause (a court created doctrine) and the other is the privileges and immunities clause. There are actually two privileges and immunities clauses, one in Article IV, Section 2, Clause 1, which states: The Citizens of each State ...


Only top voted, non community-wiki answers of a minimum length are eligible