Legal Question in Education Law in Missouri

School district seeking legal action against personal site

An acquaintance of mine has recently found himself in a bit of trouble by a local school district. On a personal site of his he posted about his dislikes about this certain school district. Somehow they found this and are now seeking legal action against him. Can they do this?


Asked on 8/12/03, 9:29 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: School district seeking legal action against personal site

"Legal Action" is a little bit broad. What, precisely, are they suggesting he is doing wrong?

If he simply expresses his opinion about the district, and working conditions, etc., it would be a violation of the First Amendment for the state entity (the board) to take action against him on the basis of what he said.

On the other hand, if he libeled an individual or made some statement that is patently untrue, certainly there are legal actions that could be brought to bear against him.

For example, if in making his case against the district he disclosed sensitive information about a student in violation of federal privacy laws, that could be a big problem.

Generally speaking, if they are simply threatening to take legal action, your friend should seek out some legal guidance to see if he can make his site immune from such attacks. On the other hand, if he is actively being sued, he should immediately see an attorney.

I hope this helps.

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Answered on 8/13/03, 6:44 am


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