139

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 "...


48

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 ...


28

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 (...


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 ...


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 :) ...


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 ...


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

A school district can have a policy requiring students to sign up for computer accounts of some ilk. There is no constitutional right to be free of Twitter. Schools have broad latitude to require students to do things that some parents do not like, in aid of some stated educational goal. Generally, your recourse is political (lobby against the program, vote ...


4

The law upheld by the decision is a New York law, and thus only applies in the state of New York. Its current text reads in relevant part: No person shall be employed or authorized to teach in the public schools of the state who is... Not a citizen.  The provisions of this subdivision shall not apply, however, to an alien teacher now or hereafter employed,...


4

Because you're dealing with a public university, there's virtually nothing they can do if you continue writing letters. The only real exception would be if they give anyone reasonable grounds to believe you're a danger to yourself or others, or otherwise fall into any of several very narrow categories of unprotected speech. This sort of thing is right in the ...


3

It depends on the agreement between the parties. In analyzing the debate between @Moo and @Greendrake in the comments to the answer by @Greendrake, it's clear that any contract between the parties will control. And in the absence of any agreement to the contrary, the student owns the copyright. Controlling agreements could include any tuition agreement, ...


3

Can a district rescind an offer of employment? Yes. Any contractural offer can be withdrawn so long as it has not been accepted. You did not accept it, so the withdrawal is legal. Can they hire someone who is not qualified ... That depends on the particular law that mandates the qualification. As a general principle, anyone is allowed to work at anything ...


2

EU law permits Member States to take any steps as appropriate to ensuring the full equality, in practice, between men and women. This is set out in Directive 2002/73/EC (Art. 2(8)) and in Articles 151, 156 and 157-4 of the Treaty on the Functioning of the European Union. Article I of the Declaration of Human and Civic Rights of 26 August 1789 as embodied in ...


2

The main legal effect of a cease and desist letter is to establish that if you continue in your course of conduct, that your actions were made with full knowledge of the contents of the cease and desist letter, and intentionally in defiance of that request of the cease and desist letter. There are many civil wrongs and criminal offenses that are only ...


2

Might depend on which University. I fail to read which exact University you are thinking of. Public Universities in Spain, both transferred (most of them) and non transferred (UNED and... can't remember which one's the other one), have to publish their curricula changes in the Boletín Oficial del Estado, so two things come with this: It's not completely ...


2

If One Files an Official Complaint Against or Sues a University, Is It Retaliation if They Reject Your Application? Not necessarily. Retaliation has to do with the criterion that prompts an adverse decision, not the decision itself. You are asking about the event of rejection itself, which might be lawful nonetheless. You mention that you are a good ...


1

This is a practically-unanswerable question. The answer depends on the particular institution and its policies, and the discretion available to those in charge of hearing a grievance. So this is the general outline of the legal considerations. A professor has a property interest in his/her job and related privileges, and grievance procedures threaten that ...


1

Unfortunately the lines are a bit fuzzy, but you shouldn't trip over any doing what you describe. You don't say which country you are in, so the following applies to the USA. Other countries have similar laws but the details vary. Writing or talking about how to play the game is entirely unrestricted; the words are your own and you can say whatever you ...


1

Levy power is limited to tax liability and at the federal level, only the IRS has that power (they do: see Brian v. Gugin, 853 F. Supp. 358. This is where they can seize your car or bank assets. Presumably you are speaking of the situation where the Department of Education is legally involved, for example the DoE actually holds the loan, or the private ...


1

The procedures for garnishing wages due to unpaid taxes and due to unpaid federal student loans are quite similar. Note that in most tax cases, and (it appears) in all student loan cases, you have a right to a hearing to argue against the garnishment. IRS procedure: From IRS Publication 594, page 6: If you don’t pay your taxes (or make arrangements to ...


1

If your claims arise out of the same or substantially the same circumstances, then it is appropriate to make both claims in the same case. As long as you are under the small claims threshold (which you are), then it should be fine


1

What is a legal document? I don’t know what people mean when they say ‘a legal document’ – usually when I’m being contrary I say something like ‘you mean that, at law, it is a document’. To be honest, I'm as confused as Mr. Eburn about what you mean by "legal document" but I think you are using the term to mean a document that must be produced as a ...


1

No and possibly. The two-year reference would not require you to remain employed for two years. It pertains (and this is the potential problem) to the amount of time after you leave your employment during which you would be prohibited from competing with your former employer. You should note, however, that most jurisdictions limit the enforceability of ...


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