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Austin Carroll, Indiana Student Expelled For Profane Tweet, Thrust Into National Free-Speech Debate

By CHARLES WILSON 04/ 3/12 02:55 PM ET AP

Austin Carroll
Indiana high school senior Austin Carroll.

INDIANAPOLIS -- Austin Carroll was fighting insomnia when the Indiana teenager turned to Twitter for relief and casually dropped the F-word multiple times, apparently to demonstrate to his followers that the expletive would fit almost anywhere in a sentence.

But his middle-of-the-night profanity quickly cost him. A few days later, Carroll was expelled from high school over his foul-mouthed lapse, even though the word wasn't directed at anyone, and he says the tweet didn't involve his school.

Now the 17-year-old senior is at the center of a debate over how closely school officials may monitor students' online activities when they aren't in class or even on school property, an issue that has frustrated administrators and confounded courts.

Carroll insists he made the tweet on his own time using his own computer, making it none of the school's business. But school officials in the small city of Garrett, about 20 miles north of Fort Wayne, contend that the teen used either his school-issued computer or the school network. The details could spell the difference between a routine school discipline case and a broader First Amendment dispute.

School officials say they cannot discuss a student's disciplinary record and will not say why Carroll was expelled March 19 from Garrett High School, a 600-student school where younger students are given iPads and older ones are sent home with MacBooks.

His mother, Pam Smith, believes it was in retaliation for her son's previous misbehavior, which included a suspension earlier in March for violating the dress code by wearing a kilt to school and a suspension last fall for using the same expletive on a school computer. Then on March 16, her son tweeted the F-word again.

Carroll, who did not respond to interview requests from The Associated Press, told Fort Wayne television station WPTA that he was just trying to be funny.

"If my account is on my own personal account, I don't think the school or anybody should be looking at it. Because it's my own personal stuff, and it's none of their business," he told the station.

He posted on his Facebook page that he "shouldn't have done it" but said the punishment was too harsh.

First Amendment and students' rights experts agree with him. If Carroll was using his own computer and network to send the tweet, the school's action was "an incredible overreach and overreaction that arguably raises not only First Amendment but Fourth Amendment issues," said David Hudson, a scholar at the First Amendment Center at Vanderbilt University in Tennessee. The Fourth Amendment protects citizens against unreasonable searches and seizures.

Since 1969, the U.S. Supreme Court has generally ruled that students have free-speech rights, and schools can prohibit their speech only if it is vulgar or disruptive to schoolwork or other people. But that power doesn't reach far beyond school property.

"I think it makes a big difference where this was done," said Ken Falk, legal director of the American Civil Liberties Union of Indiana.

Carroll insists he was not using his school-issued computer and was not logged onto the school network. His mother said her son had insomnia and was up tweeting at about 2:30 a.m. "What are they doing, following him 24/7?" she said.

School officials insist they are not.

"It was either on the school network or one of the school computers," said President Tony Griffin, vice president of the Garrett-Keyser-Butler school district. "It wasn't any of his own personal network or computer that caused this."

Superintendent Dennis Stockdale said the school computer network has a federally required filter that flags certain prohibited content, whether it's foul language or a pornographic website, anytime a student or teacher posts or accesses it.

Students must sign a "Respectable Use Policy" in which they agree not to visit websites or forward communications that are "inappropriate," but the document doesn't specifically mention language and says nothing about students' own posts.

Stockdale was uncertain whether a school computer might download Internet content that had been posted from a personal device earlier when a student logged onto their Twitter or Facebook account at school.

"Whether it's already on there or not ... if they bring it up on their school computer then, then it's a school issue," Stockdale said.

Legal experts say schools aren't getting much help from the courts. Lower court rulings have varied widely, and the Supreme Court has declined three times this term to review similar student off-campus speech.

"School officials don't really know what legal standard applies," said Emma Llanso, policy counsel at the Center for Democracy and Technology, a nonprofit public interest group in Washington.

With little help from the courts, school officials and state lawmakers across the U.S. are groping for any kind of guidance on the issue.

New Jersey legislators last year passed a law aimed at curbing cyberbullying that also compels administrators to track students' online behavior away from school.

"I think it's such a reach that it's absurd," said Charles Maranzano, superintendent of the Hopatcong, N.J., school district. "I think it's completely illegal that we're being asked to investigate into the private lives of people outside the schools."

Indiana lawmakers this year considered a bill that would have increased school officials' authority over off-campus behavior. Supporters said it was motivated by concerns over bullying, but critics contended it was a response to a federal court ruling last August that found a northern Indiana school district violated the First Amendment rights of two teenage girls by punishing them for posting sexually suggestive photos on MySpace during their summer vacation.

The bill bogged down over First Amendment concerns and was referred to a study committee.

"As we got deeper and deeper into the subject, we found it becoming very complex ... particularly concerning technology," said the bill's author, Republican Rep. Eric Koch of Bedford.

The committee's work will be too late to help Carroll, who will wrap up his year in an alternative school.

He will be allowed to graduate with his class but will miss his prom, a punishment Hudson said seems excessive.

"If they expelled every student that cursed, they won't have graduation," he said.

___

Associated Press Writer Richard Lardner in Washington contributed to this report.

___

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05:34 AM on 04/07/2012
The school should be COMMENDING this boy for demonstrating his knowledge of the various parts of speech in grammar with his example. Ignorant prudes - all of the administrators!
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lcr999
scientist
07:00 PM on 04/06/2012
When will these school administrators learn. Why don't they concentrate on teaching instead. Every day there is another story of same school playing big brother over a tweet or a t-shirt.

Get over it.
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10:02 PM on 04/05/2012
Yes, it was a violation of his constitutional rights. I hope the school does the right thing and apologize to him and accept him back in school.
10:58 AM on 04/06/2012
it was not. he did have every right to send the tweets and he exorcised those rights - he is not being punished for sending them. he then went to school and using their network and computer retrieved those tweets in violation of school rules. that is what he is being punished for. to me the questuion is around the degree of punishment
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acumenguy
It could be carried by an African swallow
07:26 PM on 04/05/2012
This shouldn't be hard to figure out.
If he used the school computer and/or the school account, he's OUT.
If the message did not involve the school computer and or the school account, he's clear.

If I understand the set up, the ONLY way the school could have picked up on the message was if he went through the school account/filter .... ergo ... he used the school computer and/or account. In which case .... TOSS HIS *insert body part of your choice* OUT.
I don't draw legal conclusions from appearences, but, his poseing and pervious infractions suggest he's an enabled smart aleck spoiled teen who enjoys "trouble-for-the-sake-of-trouble."
09:28 AM on 04/06/2012
Actually he is a good kid that would do anything to help you out. Spoiled? Not at all. He has more responsibilities than most 17 year olds have. You think that he enjoys "trouble-for-the-sake-of-trouble?" No, he actually dislikes trouble. Smart aleck? Can you tell me a kid that isn't a smart aleck at some point in time? I have reason to believe that you yourself are being one.
11:00 AM on 04/06/2012
you are correct on the facts of the incidents related here.
as to his attitude, the artical does make him sound as you describe
06:38 PM on 04/05/2012
Expulsion for his tweet is excessive if he posted it during school time. If he did post that tweet at 2:30 am then it can be verified by picking on the post and then picking details which is to the right of the post. This gives you the actual time and date that a tweet was posted. If he did post this during school time, then he should only get a suspension.
08:26 PM on 04/05/2012
just for clarity, he "posted" while at home using his own equipment (cell phone, pc, etc) ar 2am...this is not a school issue in any way. where he gets in trouble is while in school the next day using his school issued computer and school network he "retrieved" those posts/tweets. at that point he introduced that data to the school network and pc.
the severity of punishment is the real issue
08:20 AM on 04/08/2012
So, are you saying that even though he used his own computer and his own internet, once he logged into twitter on the school computer, it made it as if he said it on the school computer? There would be no way to get around that if that's the case. The administration could say that someone posted something on facebook twitter, youtube, ect. using the schools computer when they actually did it on their own but since they logged into fb with the schools computer at a later time, it made it as if they said it from the schools.
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Atsaguy
06:34 PM on 04/05/2012
If it was his phone/computer then leave him alone!!! Especially if he wasn't on school property. However he looks like, to me, a bully and a smart mouth just the same..
08:14 PM on 04/08/2012
OMG hahaha, you have to be kidding, he is far from a bully and as far as being a smart mouth, you seem to be the smart mouth here. You seem like the type that likes to judge a book by the cover....
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Atsaguy
12:06 PM on 04/09/2012
I stand by my statement. And respect yours.
05:57 PM on 04/05/2012
Austin Carroll apparently has a learning disability as he had already been suspended for the use of the f word before. I wish his parents all the best and they seem to have their hands full.
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lcr999
scientist
07:03 PM on 04/06/2012
maybe the school administrators shouldn't get anal about the f word.
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pkafin
05:02 PM on 04/05/2012
"It was either on the school network or one of the school computers," said President Tony Griffin, vice president of the Garrett-Keyser-Butler school district. "It wasn't any of his own personal network or computer that caused this."

This is a question of fact that has an answer. The school school has a responsibility to explain why they think that a tweet sent at 2:30am was tweeted through school equipment.
08:29 PM on 04/05/2012
they dont---the tweets were retrieved and read next day in school on school equipment
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pkafin
03:08 AM on 04/06/2012
By the poster himself?
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booksnmoreforyou
Progressive educator, activist for good government
09:54 AM on 04/05/2012
Sheesh.

I've dealt with MUCH worse situations with students. One had called another student the "N-word" in a heated exchange. To the student's face. On campus.

As part of my creative punishment for him, I asked him to attend meetings for a month of student club dedicated to empowering and mentoring young disadvantaged minorities, most of whom were black.

Let's just say the young man matured through this without the need to even put a hiccup in his studies or bring up free speech issues.
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colred
09:14 PM on 04/05/2012
If only the kids that call the teacher an "F****ing B****h" got some punishment.

This seems really excessive and much adieu about nothing. Instead of expelling him, try talking to him. Sure give him some school community service, but expel? They've just given their biggest j**k a huge platform. Not bright.
12:41 AM on 04/05/2012
Instead of making excuses for him, why doesn't somebody talk to him about the consequences for his actions and words? In the "real world" people get fired for stuff like this. That is especially true if the indiscretion was on company (or school) property. Facebook posts, Tweets, ...comments on news articles... we are a global society now and nothing we do is ever completely anonymous. We have to be accountable ~ and careful.
01:46 PM on 04/05/2012
So, you're cool with living in a world where we must be more restricted in our speech than someone living under a fascist dictatorship needs to be? That's OK, just the way it is, you should know better? You would be one of those people under Soviet rule who responded to kids turning their parents in for criticizing the government by scolding the parents!
How about fighting for a world where we don't have to watch every single thing we say because powerful people are watching and enforcing their vision of proper behavior? Thank heavens that there are people like Austin Carrol who are willing to stand up and fight against the creeping oppression of Americans at the hands of schools, employers, the government and any one else who feels they have a right to decide what you can and cannot say - even on your own time! If it were up to people like you, we'd be looking at a future where we have to submit anything we wish to write to the authorities (be that school government, employers, whatever) for approval before hand. Your mindset may have worked to keep you alive in Soviet Russia, but this is happening in America. This sort of thing is rubbish and should be fought tooth and nail by all freedom loving people.
02:18 PM on 04/05/2012
Woa, woah, calm down, now. Am I suspending the student? No. Am I arguing against him in court? No. Am I in agreement with the school? I didn't say. But, people do need to be accountable for what they say and do. It's always been that way. You can have freedom of speech ~ but words are powerful and there are consequences be it good or bad. I still maintain that we need to choose our words carefully. That does not mean I hate the First Amendment.
08:35 PM on 04/05/2012
actually he was free to send the tweets - that was not the issue. he later retrieved them onto the school computer via school network - that is where he violated the rules.
severity of punishmeent is the issue
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pkafin
05:03 PM on 04/05/2012
In the real world, people get paid for the jobs from which they may be fired. School, on the other hand is compulsory and not compensated. There is a vast difference.
12:17 AM on 04/05/2012
"School officials say they cannot discuss a student's disciplinary record and will not say why Carroll was expelled March 19 from Garrett High School. . ."

By my exposure to the story, it seems clear that the student was expelled for the tweet, with only a mere mention that it may be something more justifiable. But the matter is being dealt with on a local level according to locally agreed upon standards - and are appropriately not commenting to the public on it.

Is it just me, or has the media gone overboard on being judge and jury lately?
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10:00 AM on 04/05/2012
Yes, the media seems to see their primary role as judge and jury. That being said, I think there is a lot more to this than we're seeing.
08:37 PM on 04/05/2012
my gut tells me there is more to the severity of disipline than is presented here
07:12 PM on 04/04/2012
I think that people are missing the real point of this! While this may look like a "Freedom of Speech" issue, it's really one of student responsibility. Take the time to read the Garrett High School Student Code of Conduct. It's available on line. As a school document, it probably had to be approved by the ASB, the school administration, the parents and the school board. It says what a student can and cannot do on the internet, and even goes on to say that it applies both to school equipment and to personal equipment.

I am sure that Austin Carroll, signed an agreement that he would abide by these rules. Isn't that what a contract is all about? What if this were his employer? A prospective college or university? A camp counselor agreement or volunteer position? Would we be having the same discussion?

Contracts are inconvenient somethimes, particularly when you want all of the rules in your favor, and are unwilling to provide the duties and responsibilities that go along with that. Welcome to the adult world, Austin!
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Ppenguinator
Life's too imprtant to be taken seriously.
05:35 PM on 04/04/2012
It seems someone has far too much taxpayer-funded time on their hands.
08:39 PM on 04/05/2012
it was an automated firewall that trapped the message- not much time spent till they started the disipline process
04:17 PM on 04/04/2012
It's states in the article that he used the school network or computer, and that is why it was flagged. How would the school have known if he hadn't used the school's equipment? If so, the school has every right to suspend him. If an employee uses company networks or computers and uses language like this they can be fired.Even if it isn't directed toward anyone. I'm all for free speech, but there are rules when using equipment owned by others. I hope the ACLU does step in. I bet his parents are proud of all the ways he can use the f bomb.
05:33 PM on 04/04/2012
i bet a teacher or a kid who didnt like him told on him. or they were monoriting his stuff online,not connected to school.
and why cant he wear his kilt?
12:09 AM on 04/05/2012
Reminds me of the Fresh Prince episode where Will Smith wore his mandated jacket inside out and carved his name into the desk. I can't remember how it all worked out, but I'm pretty sure it didn't involve national coverage and media justice.
08:42 PM on 04/05/2012
it was caught by a firewall when he read in school what he sent the prior night
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stcrispy
03:57 PM on 04/04/2012
There is no reason to censor or punish people for using the seven dirty words - especially iof they're just used as expletives. It's superstitious nonsense that comes from the invasion of William the Conqueror in England in 1066. They're all Anglo-Saxon words that were deemed "barbaric" by the new overlords.

When one says "Pardon my French" you're saying "Please excuse me for not speaking the language of the oppressor." We need to end this idiocy about taboo words that have no basis in harm. There aren't any bad words, just bad intent behind some of them.