ACLU sues Smith-Green Schools and principal on teens’ behalf

Posted on 29 October 2009

CHURUBUSCO, Ind. (Oct. 28, 2009) — According to an article published today in the Fort Wayne  Journal-Gazette , the American Civil Liberties Union has sued Smith-Green Community School Corp. and a principal in federal court on behalf of two girls punished for summer postings on MySpace.

According to JG reporter Rebecca Green, the suit was filed Friday in U.S. District Court in Fort Wayne, claiming the two girls, both sophomore fall-sport athletes, were suspended from extracurricular activities for the entire school year because of sexually suggestive photographs posted on their pages on MySpace, a social networking site on the Internet.

The lawsuit names the district and Churubusco High School Principal Austin Couch, both individually and in his official capacity, and alleges that Couch and the district violated the girls’ First Amendment rights. For more on this story, go to the Journal Gazette

More on this story from the Indianapolis Star/Associated Press Oct. 30, 2009:

Students sue school over Web free speech

By Charles Wilson / Associated Press

Two sophomore girls have sued their school district after they were punished for posting sexually suggestive photos on MySpace during their summer vacation.

The American Civil Liberties Union, in a federal lawsuit filed last week on behalf of the girls, argues that Churubusco High School violated the girls’ free speech rights when it banned them from extracurricular activities for a joke that didn’t involve the school. They say the district humiliated the girls by requiring them to apologize to an all-male coaches’ board and undergo counseling.

Some child advocates argue that schools should play a role in monitoring students’ behavior, especially when dealing with minors. And the U.S. Supreme Court has ruled that students can be disciplined for activities that happen outside of school, so long as the school can prove the activities were disruptive or posed a danger and that it was foreseeable the activities would find their way to campus …

For more on this story from the Indianapolis Star/Associated Press (Oct. 30, 2009) click here

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88 Responses to “ACLU sues Smith-Green Schools and principal on teens’ behalf”

  1. Sandy says:

    TO WOW: Are you referring to incident last school year? One kid lost a whole year of baseball, the other 8 games another track meets, they were put on probation and house arrest. These kids and their parents paid for that incident not only at home but at school and with the courts! Why are you dragging other kids in this especially the ones who served there punishment!

    Nobody is perfect and neither are our kids Dr. Dodson said in child rearing “Take half the credit and half the blame”.
    And by the way leave Goober along.

  2. Sandy says:

    Leave Goober alone.

  3. John Bridegan says:

    Hello all. You may know me as Johnny if you frequent Area 33 as much as I do. I myself attended and graduated (k-12) from Churubusco so I applogize for the bad grammar and spelling. You know what I did my Senior year at Smith-Green, I read “The Lord of the Rings”.<—-(u see i don’t know where that period really goes i could be wrong and as i don’t really care lets continue) Fantastic series if you can get past the old old English. My point is I’ve learned that shool is well intellectually pointless. For instances they never tought us in school deficits and cut-throught housing market tactics. That Wall Street is more important than Main Street. That Roosevelt proposed a sencond bill of rights.
    http://www.youtube.com/watch?v=UwUL9tJmypI&feature=player_embedded
    Check the above link Roosevelt comments on the 1st admendment so after you whatch lets just analyze the First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, Freedom of Religion, and of assembly; right to petition,
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Check out http://en.wikipedia.org/wiki/United_States_Bill_of_Rights for answers to any question you have on wehter or not Churubusco High School infringed on the American “God Given” rights of two teenagers (for those of you who went to Busco also…they did) Ok so theres that. Now for those still concerned about the privacy of MySpace if you set your photos or entire profile to private then others can only view them by either being invited by you, by having your password, or by hacking. Hacking a MySpace account is neither a easy process nor is it easy to hide…thats not even an issue here, you want a secure myspace, a safe experiance for you kids then know there password and change it often, but wait they don’t like that idea, well who’s coverin the cost of the net bill? Huh? Thats right you pay the bill cut that ethernet cable right in half.
    Now I graduated in June (i think) of 2002 8 months after 9/11. I remeber thinking that day (9/11/01) “Wow this can happen to us?” Then I thought about my future and that of my classmates, what happens now? There was a long dark period ahead, of that I was sure. I’m sure you all remeber what it was like but for those of us grduating and heading out on or own big adventure we were screwed and we knew it. Now here we are nearly a decade latere and we as a people are genuinely retarded, blind to the missleading fear mongering media. But thats not the issue here either the issue is this Smith-Green has punished students for free speech and I,
    I say thats —kerd up, and you know why because its my unadulterated right to so say and so is the bad grammatical contex that I express it in, now this site has the right to censor me, call me names and delete this comment. I can go on and on about Busco Schools like the drug tests, the police surches, and “the teacher losing her gade book” but thats all I’ll say cause that isnt the issue either. I know Mr. —–, he attempted to teach me english when (another teacher) died. He was a damn good teacher and a friend and I’m sure that given his rathers he would want nothing to do with this cituation. I say it was a bad call you can’t kick any student off any activity without pissing a few people off, however its not justified in this case due to our first ammendment. I don’t care if you are President Obama your not gonna mess with the 1st ammendment, not while the while the 2nd still around at any rate.

  4. bb says:

    one thing we are finding out, is that all kids get into some type of trouble from time to time.cops kids ,lawers kids, school workers kids. Im glade I’m here to stand behind my kids. they all fall from time to time an we have to pick them up an help them out. the school has insurance on all that work there because thier all a labilty. anything they say or do can cost them money. but the teachers have the teachers union behind them. an the ACLU is behind these kids an all kids. the school pushed it to the limit an now it the ACLU turn. I cant beleave womans rights arent all over this yet. forcing the girls to go in front of a all male review. where were the lady coachs. I know busco has some.

  5. What Have We Become? says:

    To Alisha,

    Yes I am a parent of three grown children (a single parent due to death not divorce!). Who had to work my butt off to put my kids though school both financially and mentally! You say kids will be kids? Sorry I have a problem with 15yr old girls doing what they did! It is the equivalent to child porn! If they would have text those picture isn’t there something now called sexing and is against the law? You give your children the tools to know what is right or wrong. My kids did get into trouble but they also suffered the consequences of that trouble. My son was kicked out of school for three days because his boxers were showing over his jeans but I didn’t run to the ACLU! He sat out three days and from then on wore a belt! Lesson learned! Rules are rules you break them you pay. The school is there to teach you what you need for the rest of your life, including what happens when you break rules. Those girls wanted attention well guess what they got it!

  6. Meagan Zolman says:

    I am a recent graduate from Busco. I was there when the guys got busted for paintballing and when people got busted from having alcohol in their spring break pictures. The girls should have known not to post certain inappropriate things on the internet because that is exactly what happened last year with panama pictures. I do think that it is kind of stupid that they got into trouble over the pictures because they weren’t doing anything illegal, just inappropriate. But as we all learned last year there are parents out there that check their kids facebooks and myspaces and will be offended if they see certain kinds of pictures and will turn you in for them. That is why you don’t post them. I think that the girls just need to suck it up and take their punishment, everyone else that has gotten in trouble with the school has. It’s not like it’s their senior year and this is their last chance to play, I’m pretty sure they have a few more years left of high school. Suing the school is taking it too far and from what I’ve heard the school will most likely lose. What happens after that? Our school is not one of the greatest and I know that we don’t have as much money as other schools do. Will there even be a school after this?

  7. Enough says:

    To what have we become. You still don’t get it do you? And wait just a minute – what’s the single mom due to death not divorce? Does this make you superior to other single moms? If your son was showing his boxers I consider this to be just as sexual as some lingerie. He got 3 days out of school. We’re not talking about a single punishment here. And as you said he was at school these girls were not at school. School was not even in session, it was over the summer. Maybe you need get the facts in this case and stop trashing these parents. When is enough, enough people with the lack of information making stupid comments and opinions, especially superior judgemental opinions are really showing just the type of people who live in this community. If you son had gone before a total female board made to apologize and was not allowed to plays sports for the year and made to go to counceling all for wearing his boxers outside his jeans would you still think he got what he deserved? Oh and lets add that he was seen in a picture on someone’s private facebook setting during the summer. Enough ok – get your facts & look at the bigger picture.

  8. Chris Flener says:

    I’m not from Busco, but I think this situation is quite easy to respond to…and the Supreme Court has already dealt with in (oddly enough, they got this one right).

    A school cannot go around policing students lives. Parents have that responsibility. A school can protect it’s students at school, and at school events.

    If the school can show that these pictures (or related actions) somehow are disrupting school life for other students, they can disipline those students for this disruption. That’s the clear part.

    My simple response is that these pictures do NOT disrupt the lives or education of other students. The closest stretch to this is that others see it and decide to do it themselves, which is still outside of the school, so doesn’t matter.

    Allowing the school to police private lives of these students is an invasion of privacy…for the students AND the parents. The parents need to discipline the students…if they see fit to do so.

    I see many post on here talking about how “wrong it is” or how “bad it is”. That’s not the issue here. You are welcome to disipline your children for doing such things if you want…but the school does not and should not have the right to do so!

  9. KT says:

    To Everyone who thinks these girls were wrong:

    These girls who got punished for posting pictures on their myspace did nothing wrong! They did not have any clothes from busco on, they did not have captions saying they were from busco, and they did not take the pictures to school to flaunt them. A nosey obsessive parent did that for them. The pictures are not yours, the schools, or my business! Everyone who keeps using the excuse that these girls embarrassed the Athletic Department is full of it because if the parent had never took these pictures to school then none of you would ever know about them. THEY DID NOT FLAUNT THESE PICTURES! they simply put them in a summer album at a private page.

    Everyone who is questioning their morels is crazy too! Did you personally see these pictures? I seen them with my own two eyes and these girls did not deserve the punishment they got. They were having fun and never intended to upset anyone. Some people need to stop being so touchy! If they are worried about this pictures disrupting children then i guess everyone who has a problem with these pictures should probably stop their kids from watching TV, playing video games, and keeping them off the internet all together. These pictures are nothing compared to what is on tv and nothing compared to how students talk to each other everyday. As a graduate of the 2008 class i know what it is like to be in the class that everyone hates. ALL teachers hated our class because we simply did what we wanted and did not care who it upset. If it is not breaking any law then its not a problem. These girls did nothing to hurt you or your kids so LEAVE THEM ALONE!

    To those who claim they broke the rules and need to just pay for it.. tell me what written rule they clearly broke? There is NOTHING in the handbook for 08/09 which is the handbook they were following since the new school year had not started! The handbook for 08/09 only says that if a student is CHARGED for a crime that they will receive the punishment they got. But we all know buying a legal sucker and taking pictures with it is not illegal! I mean come on these suckers were rainbow!!! they are ment to be funny! if you want to punish these girls for taking pictures with them then you need to march to Spencer’s and sue them for allowing girls to buy them. Do you not see that these are not suckers that they illegally bought? They did nothing wrong!!

    Anyone who thinks these girls were not raised right should turn around and look in the mirror because NO ONE is perfect! and NO ONE raises a perfect kid! They all have fun and who are we to try and judge these families? Your kids are out doing FAR worse things!

    To (name deleted), please do not sit here and act like you are a princess! In reality we all know that you party and drink which is breaking the law! Trying to say these girls got what they deserved is being a hypocrite! It does not matter what grade they are in … it has nothing to do with they may never play again. It is important to stop letting our school getting away with mistreating those who have done nothing wrong. If the school loses all its money for ruining these two girls lives, then so be it! They asked for and they will get the embarrassment they deserve. If these girls are going to be punished for “embarrassing” the Athletic Department then the school can be ruined for invading their privacy and acting out for a nosey “unknown” parent.
    The school should have known better then to try and stick their nose in where it did not belong.

    LEAVE THESE GIRLS ALONE!

  10. Chris says:

    ***EDITOR’S NOTE***
    The founder’s of this website envisioned a digital platform that allowed for all to contribute and be part of the conversation. We all have the right to our own opinion and are free to do so – that’s what makes this country so great. That’s what makes this website so great!

    Having said that, we would like to remind everyone to try and keep it as civil as possible. By all means voice your opinion, but please remember that we do have to moderate some comments and we would rather not. If we can all keep the debate going without direct attacks or mean responses (comments), the conversation will continue for as long as possible.

    Your participation is what will help us keep BuscoVoice alive and well today, tomorrow and in the future.

    Sincerely,
    Chris Tomlinson
    BuscoVoice.com

  11. Meagan Zolman says:

    Thank you, Chris!

  12. B. Egolf says:

    I agree with the school here.

    These girls obviously put the pictures on myspace for people to see. They obviously weren’t thinking straight because if they were they would know that anything that gets put up on the web can be accessed by people all over the world with access to the internet.
    All athletes and New Era members have to sign the contract that states that they are representing the school for ONE YEAR. I know for a fact also that New Era has to sign the contract back in June. The actions of the girls in question, in my opinion, do not reflect Churubusco High School in a positive light so why should the school let them continue on in activities representing the school?

    I think people get too caught up in “voicing their opinion” and do not fully understand what is going on. Please refrain from bringing up what you think are facts when there is no fact to your comments at all. Do you really think that if the paintballers were drunk that our law enforcement would let them go so easily?

    Let’s be real people. We need to start drawing the line somewhere before everything gets out of hand…
    THIS IS WHATS WRONG WITH AMERICA LATELY! WE FIND WAYS TO LET PEOPLE GET AWAY WITH THINGS INSTEAD OF LETTING THEM LEARN A LESSON…

  13. Alex H. says:

    I think people who are pointing fingers on here without actually posting their name along with their post should probably turn that finger around and look at yourself. If you have such a strong opinion about this subject why not show your name and stand up for what you believe in? Maybe because you realize you are pointing fingers and saying things you probably shouldn’t on a public forum? Just a thought.

  14. Tracy McEntee says:

    It’s not about sucking it up and learning a lesson, M. Zolman. You’re missing the point completely. It’s about all of our school abiding by the laws and rights we have in our country. Amendments were created with reason and it’s important we protect our rights no matter the situation. Churubusco School has always pushed the limits and tried to get away with as much as possible when it comes to it’s ‘power-trip’. If you want to talk about “sucking it up”: the party we should be referring to is the school and its principal. Were they just not familiar with this amendment? No, I highly doubt it. What they are familiar with is getting away with most things because the majority does not fight back. Yes the behavior of these girls’ was inappropriate, but I bet after this Smith-Green Community will start really thinking about its actions before reacting to situations which will continue to protect other students in the future.
    Thank you parents of these girls and the ACLU!

  15. Enough says:

    I don’t believe anyone of these girls is in New Era. This took place over the summer. It is not just about A PUNISHMENT – it is about where do you draw the line and who has the right to punish our children WE THE PARENTS OR THE SCHOOL? These girls got what they deserved from their parents when it posted. Everyone thought it was a private matter and handled by the girls parents, until school started and then someone who hacked into a private sight on the Internet under someone else’s name, came across these pictures. Then he printed them (without the permission of the people in the picture, the last I knew this was a crime) held on to these pictures until school started and turned them in to the school. Did it stop there? NO! Any faculty member or coach that wanted to view these pictures were given that right by the school.
    Obviously you are not familiar with Facebook or MySpace, but it has private settings for friends only – which was in place. This was not on a public sight for all to see, it was among friends TEENAGE GIRLS being silly and not using good judgment. There’s a big difference between posting a public sight and thinking you are in the comfort of your friends. These girls privacy was invaded and they have suffered deep humiliation over what this parent did. It was the school’s choice to act upon the pictures that they were given. Unfortunately they took the road of interfering in these families lives. All of this could have been avoided if they had asked the parent why they were bringing these pictures to them, and either destroyed the pictures or called the parents and let them know that this had been brought to their attention and handled it from there with respect to all involved. But NO – they called the girls out at a practice and sent them home. They did not contact the parents before speaking to the girls. The parents were not notified until the girls returned home. The purpose of this suit is a lesson to everyone. We live in a very small community many times the school has acted with poor judgment against our children allowing teachers with their tenure to get away with murder (and I say murder because the scars that are left on these kids never heal) but rarely does anyone ever take a stand. Allowing more and more misconduct because people are afraid of being labeled or their children being singled out for the rest of their time in the system and the price they’ll pay emotionally until graduation or they quit because they can’t take it anymore. If you took the time to gather your facts on the situation I’m sure you’d not be so quick to voice the opinion you did. Your right and it’s sad that people get to caught up in voicing their opinion they don’t get the facts and many of these commenters do not have the facts. No one is suing for money (but if I were one of these parents I would want to be reimbursed for the cost of the counseling sessions) and from what I have been told these counseling sessions should have been ordered by a court. If this information is correct, the school had NO right to demand the girls get counseling at all. NOTHING IN THOSE PICTURES connected those girls to SGCS. SGCS should not have gotten involved. In my opinion the parent who turned in these pictures and got all this trouble started is the one who should be punished and since the school decided to jump in … well then I guess they are no better. Hopefully when all the evidence has come out people who were so eager to judge these girls and bash their parents will have a different tune to sing. This can’t be over soon enough! Everyone will go about their normal lives and some will not even remember this, but those girls and their families will NEVER FORGET and they will live with this the rest of their lives. Hopefully this will save other children in the future from doing anything on the Internet regardless of how private you think the sight, and from the school for getting involved in matters which are of none of their concern.

  16. 2nd Guessing says:

    As a new resident here on the area.I have to say when my husband and I first moved here, I was worried about the whole small town mentalty. When the tragedy happened this summer with those 2 teens I was amazed at how the community as a whole came together to support each other. I had a very warm feeling for the community. Deciding that I was wrong and this could be a great place to raise a family. Then this happens. and I am back to my original thought. What kind of people talk like this about children. Since this has happened the rumor mill has gone nuts. From my neighbors I have heard every bit of gossip and dirt on everyone in the community. This is heartbreaking. From what I have been reading of the comments left it is the same thing. Everyone is getting away from the point here. I have had the pleasure of meeting 5 of the 6 girls involved in these various photo’s. They are all nice kids. And I know that they were punished at home. which is where the punishment should be. Not at teh school. I am extremly concerned with the fact that the school feels it has the right to control these kids durning a summer break. From what I have read in the lawsuite. This is a class action suite on behave of the student body. Something that it sounds like should have been done years before. No student should have to worry about what they are doing on vacation. As long as it isnt illegal. From what I have heard and read on here. This has been happening for years. I didnt see where the school is being sued for money. It is being sued to change the rule book. I dont blame peole for not wanting to post their names. Look what happens to them when they do. Now once again I have to question our decision to move here. Which is sad because I thought having my children grow up in a small community would be a positive thing. The adults in this community are just plan cruel.

  17. bb says:

    thank you

  18. Enough says:

    To 2nd guessing: Welcome to the community. I’ve lived here my entire life. I attended SGCS and I’ve raised my children here. What I have learned is that you have to watch your back constantly. And even though you think you are doing things right and your kids are doing as you’ve taught them, there are people in this community who are nothing but trouble makers. They thrive on gossip if not repeating it then starting it. I feel safe for my family when others are being ridiculed because for that day, week, or month we are safe as the focus is somewhere else for the moment. So sad but true! Buscovoice is probably the best thing this community has had for a long time. The fact that people can speak out and yet not have to identify themselves is great! Then no one can attack you or your children for having a different opinion than theirs. It’s a safe place. No one in this community is safe from scandal, even some of the older, larger families have fell into these situations. I don’t like gossip. And for the most part I feel the people who do all this gossiping have too much time on their hands and unless it involves my family or my friends I stay out of other peoples business. Something others should try. And I hate people who want to cause harm to others. The parent that turned in these pictures is the center for all that has happened. I pray that this person will get what they deserve for starting all this and I pray the school will be taught a lesson of where their boundaries are when it comes to getting involved with people like this parent and stepping into our private lives. Yes there are very cruel adults in this community. Just attend a few sports events and you’ll see them there, or lingering after church service in a little group. The cruel ones are the ones who hold themselves above others. They are the one’s who feel they are superior and everyone should live according to their values, however messed up that is! And the funny thing is that these are the same people who have children or family out doing nothing less than what they are bashing others for. But with that said I have friends in other communities and we are no different here. Yes when there is a tragedy our community pulls together and helps one another, but on the same note when something like this happens everyone splits and you have 2 choices – KEEP YOUR MOUTH SHUT AND OPINIONS TO YOURSELF or say what you feel and then be the next victim of a scandal. Thanks to Buscovoice we can excercise our right to speak without the fear of becoming the next headline. For someone to feel that everyone should print their real name is ridiculous. Unfortunately, a comment like that only opens a few more pandora boxes. People chatter and unfortunately, people are hurt. Let me give just an example of what I’ve heard from people who’ve signed their names. “Well did you read what ?? said? Who are they to assume that or say that? Do you remember when their (son, daughter, sister…) did ??” Yes this is how the gossip train works and if you sign your name, you’ll be run over on the track. I get angry with myself for feeling I’m being polite to listen instead of just telling people to shut up. But when I walk away I say a little prayer for the person repeating, and the people they are talking about. Then thanks to CRS syndrome it leaves my memory box. Some people get angry at me when I don’t remember such things but that’s because I have a life and I need to focus on my own family and friends. I’m not superior to anyone – I have my own problems and mistakes to focus on. But unfortunately this situation will not easily be forgotten because of all the people who’ve been hurt and lives that have been scarred forever.

  19. lindsay says:

    ok…by suing the school that is taking it way too far. those girls took those pictures to get attention and they got it. suffer the consequences and learn from mistakes. if they didnt want to get in trouble and have to pay the price for their actions maybe they should not have taken those explicit pictures. are these girls setting a good example for younger girls to follow? no they are not. and by posting those pictures they are endangering themselves to stalkers and molesters. are these girls suing the school because the feel sorry for themselves because they don’t want to take their punishment and be responsible for their actions? or are they just upset that they got caught? there is no reason to sue the school when this situation was brought to the school’s attention to ensure the safety of the students at Churubusco.

    -lindsay SGCS student

  20. John Bridegan says:

    To Chris its nice to see you let my comment stay it took me a long time and lots of heart. Sorry about the “f-word” but I was only attempting to drive my point home(which I hope it has for some of you) and I wasn’t aware that names were not allowed but I can see now how it might offend someone and I’d like to apologize. In light of that I’ll say it this way; the principal in question unless he’s changed drastically is a good person most likely doing what he is told. We all do dumb things. To Tracy M you hit the nail on the head (everyone read her comment this really is like the 100th time crap like this has happened) btw how are ya Trace? To 2nd guessing you may find peace and quiet at the North Pole but nowhere near Indiana. (I’ve been dreaming of Corpus Christi my self) Look friends Brothers and Sisters my peeps if you will, I’ll say it again the obvious: THIS IS A VIOLATION OF THE FIRST AMENDMENT!!!
    READ THIS
    http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution THEN MAKE YOUR POST because the ACLU is suing for infringement upon the first amendment of every kid in Busco and if you haven’t noticed the remarks here are not coming close to this THE REAL ISSUE. You say these kids were wrong. I say I don’t care. You say the pecker-pop was rainbow colored. I say I don’t care. You say no matter what the privacy setting on MySpace you can see any pic. I say your sorely mistaken at least in part but yeah I still don’t care. You say hey I’m gonna kick you out of sports regardless of the Constitution. I say oh no yer not!
    You know there is one simple solution to all this we come together as a community tell the school to take it all back drop the case change the handbook so its NOT flippin off the Bill of Rights the ACLU won’t need to step in we won’t pay for anything. Its our school if the bored don’t like it then we can vote them out and they can try there luck in Albion. You I don’t claim to be a genius I ain’t no fool neither. People this is me a 26 year old single man with no kids, some would argue I have no business commenting here. People please don’t give up your rights you just can’t. Do you think its bad now? What if these girls were kissin a cross? under the same rule the same if it offended some satan worshiper the same punishments could apply, silly isn’t it? Unconstitutional maybe? Does that put it to perspective? You know what I did when I was in school and they told us we can’t wear Marylin Manson T-shirts? I bought a Marylin Manson t-shirt and wore it proudly the next day. Smith-Green does not want this law suit for three very important reasons. One; they’re gonna lose (if not Texas here I come!) and lose bad (who knows how much the grievances attorney and court costs will be? It’s a jury trial too – there goes more tax money) two; they’re (the case workers) gonna dig up way more dirt and scandals than most Busconites wouldn’t ever believe about the beloved school and teachers (What kinda of pics are on the athletic board member’s computer? Maybe the better question is what pics are they looking at?), Three goes back to one – if Smith-Green wins what else can they get away with? If they lose what other policies will be examined, and what will they find? So I go back to my earlier point why involve anyone? Its our community its our school demand it be settled out of courts and out of our pockets. Oh and I know that the ACLU isn’t seeking monetary damages (yet) but the act of filing and the school being served has already started costing us. We need to unite people this is our country this whole thing is so stupid and easily avoidable. There are bigger fish to fry kids. Now is the time to put aside our differences and literally love one another. I skip one meal most days a week for all the kids that DIE FROM STARVATION it helps me put things in perspective, to put myself there death from hunger? If we took 1% of the money that this country spend on court cases similar to this one how many of those poor kids could we save? i don’t know the answer to that I’m not sure I want too. I wish we were all more concerned about that. In closing after I’ve sorta proof read this comment and reread all the other comments i feel I should say one more time THE ISSUE THE BIG PICTURE THE COURT CASE IS THIS: THE ALCU IS SUING SMITH-GREEN FOR UNCONSTITUTIONAL CONDUCT, FOR PUNISHING TWO GIRLS SPEAKING FREELY – A RIGHT WE AMERICANS ALL HAVE. No need to say anything naysayers less you comments reflect the First Amendment your points are mute. But I can’t stop you oh sayers of nay for yours nays are protected under the First Amendment as well. Feels nice don’t it?

  21. John Bridegan says:

    btw for the yeasayers littlejohnnyblews@yahoo.com

  22. to Lindsey says:

    Did you not read. They did take their punishment. That is not what the issue is.

  23. lol says:

    @what have we become

    your kid got kicked out of school for three days because someone saw his boxers and you agree with that?

  24. Parent says:

    I am so sorry to hear this all happen to Busco. I am even more sorry to say that it does not surprise me. I feel the school has been riding this train that makes them feel that they can get away with anything. What I want to know is where is our checks and balance system? This would have never come to this if we would have had some form of system that worked. I feel this goes to show exactly what is wrong with our school. This is not the first situation that has gone through that office and unless we are forced to face what is wrong with our school we will never fix the problems and it will happen time and time again. I as an athlete understand the code of conduct what I do not understand is the code of conduct when school is not in session nore when your not even practicing the sport. As was stated before its not the first time something to an unquestionable nature has happened it is just the first anyone has stepped up and tried to fix the problem and made it known to public. I feel for those girls that are going to get drug through the mud but maybe it will make it from happening to another set of girls down the road. I do not agree with what they did by any means. I highly believe that it should have been handled in the privacy of their homes by their parents and there parents only.

  25. 2nd Guessing says:

    Yes the girls did take their punishment at home as well as at the school. The performance that was missed and the games that were missed cant be given back. All of that is a mute point now. The fact of the matter is that the none of it should have happened to begin with. Not in this case or any of the kids that were punished in years before. Someone has to stand up for what is right. Doing that isnt always the easiest or most popular choice. But if someone doesnt act now. what is next? Where does it end? I really doesnt matter what day this happended in the summer all that matters is that it was in the summer not durning the school year. Thank you John for hitting the nail on the head with your comments.

  26. Enough says:

    To J Bridegan, Very good points here. And yes people are just so eager to say something they don’t take a moment to read all of the information. I’m just shocked at some of the comments. Some of you really need to slow down and read. These girls – for the 100th time – have done all the school has ask them. They’ve taken their punishment. The big picture here is that the school had no right to step in to this situation in the first place and since they did, people’s rights were violated. This is where the ACLU stepped in. NO ONE IS TRYING TO GET OUT OF A PUNISHMENT! No parent nor girls are suing the school. The ACLU is suing the school because they violated their rights getting involved in something that was NONE of their business. Now the reason the school stepped in was because of some (unnamed) parent who has nothing else to do but hack into their children’s facebook and spy on their friends and read their child’s business. Which as a parent, they have the right, but what they did from there was not right. They invaded others’ privacy when they went so far as to print (with out permission of the people involved in the pictures) the pictures. Then waited for school to start and took these pictures to the school so they could get trouble started and get these girls in trouble. It’s sad someone of this character lives here in our community and that they could be so low to do something like this. So, then the school – without contacting the parents of these girls – called them out and began giving them their punishments. Ye,s you have that right, the parents were not notified by the school of the situation. Are all of you still able to follow this? And the parent who did this did not contact the parents of the girls when they found them on facebook. So other than pure harmful intent to the girls there was NO reason for their behavior. If anyone is ready to jump on me go back at this point and re-read again. The school had several choices here (as I pointed out in a earlier comment) In MY OPINION they should have ask this parent right up front what their purpose of bringing in these photos. But they didn’t and acting as this parent’s puppet, they did as the parent wanted. OR if they truly care about the children in the system: they could have placde a call to the girls’ parents to discuss what had been given to them (which they did not do or even have respect for the families to notify them at all) OR simply sent that parent with the pictures out the door and got on with their business of providing quality education to our children of this community. I feel there are many issues they need to focus on and to take the time to freely get involved in something that took place over the summer while school was not in session is a waste of taxpayers’ money. The ACLU nor the girls nor their parents are costing the taxpayers anything. What is costing us and our children here is the poor judgement of the school and the parent who initiated this whole mess. Place the blame where it started and realize this suit is for the better of all our children in the future, so that nothing like this will ever happen again. Pointing fingers at the victims isn’t going to fix anything. And realize these girls were victims. Victims of being silly and trusting in their friends. They did not post these pictures on a public sight I’m so tired of everyone with NO knowledge of facebook constantly saying they wanted everyone to see these pictures. They didn’t if they had they might have tried to post them on BV – this is a public sight. There are security setting on facebook I know I have one. And you choose who you want to share with. This parent was not on the list of friends but unfortunatley their child was. My son has a facebook I know his password and yes I check his pages regularly not because I don’t trust him but because as a parent it is my right and responsibility to keep an eye on him and if he needs a punishment it is MY responsibility to give it to him. IF THE SCHOOL EVER OVER STEPPED THEIR BOUNDARIES WITH MY CHILD WELL HERE WOULD BE SUIT #2 so let’s nip it in the bud right now, because with this systems track record it’s not their first time they’ve over stepped their boundaries and it won’t be their last. I’m proud of the people involved in this and for the ACLU for stepping in and saying this is a violation. Finally after all these years someone had the courage to stand up! We all have a right to privacy. We as parent have the right to raise our children and choose the method of discipline for them. NOTHING IN THOSE PICTURES INVOLVED THE SCHOOL! Plain and clear. Get with the facts. STOP “wondering” – STOP attacking. LOOK AT THE BIG PICTURE. I really pray the (instigator’s) name becomes public and they can have AT LEAST 1/2 the bashing they’ve cause to these families and friends of these families. I feel so sorry for their children and I do believe maybe welfare should be contacted just like the people in the air balloon scam. This person is no different.

  27. lindsay says:

    the girls represent the school and are not being good role models for younger girls…that is my point. i apologize for not making my point clearer. the issue is that they are suing the school. why? these girls were minors when these pictures were taken and are still minors. their pictures could be taken for child porn. i dont think its fair to the school to be sued over an issue that was brought to the school’s attention.

    i am voicing my opinion not trying to make everyone upset…please know that.

  28. Joshua Herron says:

    I am from Churubusco and have been following this story since it was first published. Something I’d like to clear up is the legal definition of “child pornography”. Many public comments on this and other websites running the story, claim that the pictures in question are child porn, but with a quick and easy search of the US Code, you will find the meaning is clearly defined.

    US Code, Title 18, Part I, Chapter 110, § 2256 provides the definitions for Chapter 110 – Sexual Exploitation and Other Abuse of Children. My position here is not to interpret these definitions, but I think this will give you a better understanding of what is and is not considered child pornography.

    I hope this clear up any confusion concerning the claims of child pornography that readers have posted in their comments.

    Sincerely,
    Joshua Herron

    Reference:
    Cornell University Law School Legal Information Institute (n.d.). US code: Title 18, 2256. Definitions for chapter. Retrieved from http://www.law.cornell.edu/uscode/18/usc_sec_18_00002256—-000-.html
    ***Editor’s note: Joshua posted the actual code into his response and in an attempt to not offend or expose people to certain verbiage, we’ve deleted that part of his post. Please feel free to follow the link he provided for any further information.

    We appreciate and applaud Joshua’s time and effort in researching this, but we would prefer to leave the comment as it is now.

    Sincerely,
    Chris Tomlinson

  29. Politically Correct says:

    Dear John Bridegan,

    Please refrain from using the word “retarded” as a derogatory term. Some people find this offensive.

    Thanks.

  30. John Bridegan says:

    To Politically Correct I have a three point response:

    1) Point one of my response is really a three point question. By singling out one, of potentially hundreds of alleged (according to the definition) “Politically Incorrect” words on this comment board, doesn’t that in effect only further promote the stereotypical negative associations of the word? Also are you aware that by the definition of Politically Correct, certain literary works such as Hamlet, Pride and Prejudice, Jurassic Park and The Bible, are saturated with such words? Finally then, are you going to correct politically everyone else, or continue to derogate me by singling me out?

    2)Point two, I would like to correct you to my politics. In my original post and in it the use of the word “retarded”
    “…here we are nearly a decade (later) and we as a people are genuinely retarded, blind to the (misleading) fear mongering media.”

    Your implying, under the definition of derogatory that I mean to “detract from the character or standing of and/or to express a genuine low opinion of we the people as a whole, disparaging the planet’s entire populace, equating them to that of someone suffering developmental disabilities.

    Well in fact what I meant was that due to a corrupt government and it’s lap dog, the apply named “mainstream media”, we as Americans (and as citizens of the planet even) have been blinded and intellectually, socially, and economically, arrested, baffled, balked, bogged, bogged down, braked, brought to screeching f-ing halt, checked, choked, closed off, crimped, dawdled, decelerated, decreased, delayed, detained, downed, encumbered, faltered, fettered, hampered, held back, held up, held down, hindered, impeded, lessened, mired, poked, postponed, reduced, set back, shut down, shut off, slackened, slowed down, slowed up, stalled, or taken down.

    3)If you read the entirety of my comment or the Bill of Rights, you may have noticed that I have the right of free speech. Good thing too because some politician corrected, retarding, retarder could potentially retard my etymological arsenal of retard definitions. Thanks for making me right, from now one I’ll retard my use of retarding words such as retard if you retardly the retardish comments.

  31. John Bridegan says:

    You can’t have “gay” either I’m taking it back too.

  32. Mandi Barger says:

    I’ve found it is too easy to offend people in this little town; publicly that is. People feel the need to put on an outraged face and act like the masses in order to blend in and not be ridiculed themselves. I for one am not a popular person because of my beliefs and liberal stances against this school district, so let me add my two cents here, please. The school system has over-stepped its bounds legally in this matter, case closed. The parents of the girls are said to have taken care of the situation. I monitor our teenagers’ myspace pages because I know a teenager’s brain is not fully developed and thus they say and do stupid things sometimes. If they post something offensive, it is removed and they are punished. Do I need SGCS taking care of this for me? Do you need SGCS taking care of this for you?

    Besides the fact that this is a first amendment issue, why would anyone want to put the authority the principal has on one person? Why is an appeals process not allowed? Furthermore, this situation smacks of sexism in the fact that although the girls showed bad taste by what they did, they did nothing illegal. However, how many have seen male athletes with drugs, alcohol or tobacco all over their myspace pages? No one at the school is punishing them, because boys will be boys. I personally think that some of the photos of marijuana sitting by a scale or friends together drinking it up is in poor taste because it’s a reflection of that person’s mentality. However, it’s not illegal, just immature.

  33. mike murphy sr. says:

    I applaud those whose who “signed” their name after posting comments.Part of the crux here is a violation of rights in this whole arguement,yet many are reluctant to stand and post their true identity after commenting.How can one stand for or opposed to an issue and not have the intestinal fortitude to post one’s name?? After all it is the Constitution and Bill of Rights that gave us our right to a free press,at least be proud and secure enough in your viewpoint to post your true identity!.To “politically correct” whomever you are? you are quick to chastise those for what you deem offensive in your mindspeak,but wont present your name either.! If “cultural marxism” or “political correctness” is your belief fine,just stand and be counted!! I guess the most puzzling question in all of this lastest drama erupting from the boardroom of “Hee-Haw” Community Schools is what “brave new world”counciling were these girls to receive?? and for what ends?The girls involved suffer from poor judgement,as does many at S-G Schools,but counciling? get real!! Why not put Dr.Zuess on retainer maybe he can dissect the problem.

  34. John Richards says:

    Wow, what a hornets nest! Maybe we have all gotten off the beaten path a little here.
    I attended Smith-Green Community school for 12 years, both as a student and an athlete and actually grateful for what they have done for me. From what I remember, we had to sign a Code of Conduct even way back then (30 years ago!). It simply stated we were representing ourselves as well as the school and were expected to act accordingly. Yes, things have changed but they are really just the same. I signed the paper as a condition for the privilege of playing sports and representing our school. I assume extra-curricular activities are still a privilege instead of a God-given “right”. ( Oops, I said God!, can I even say that anymore? Sorry ACLU! ). My point is that we all have to have some boundries or we have mass chaos (much like what we have in politics today). If you don’t want to do the time, don’t do the crime. At some point we are all going to have to get back to being held accountable for the things we do. Mommy and Daddy ( or the ACLU ) cannot nor should they be expected to get us out of a little hot water every time. If you don’t want to abide by the rules, don’t play the game. I can remember quite a few times an athlete ( myself included ) were held accountable for their actions off the field. One that comes to mind was an athlete that was observed smoking (during summer break ) at a local restaurant. We knew the rules and were expected to abide by them.
    The sad part is that this is just a little piece of the larger picture of no-one wanting to take responsibility for their actions anymore and it is going to give the generations to come some very hard times. Sorry for ranting on so long.

  35. ashley says:

    i think the rule is completly dumb.i understand that they are trying to crack down on the underage drinking but dont just go and crack down on people in sports.they should have their freedom just like anybody else.yeah we are put above everybody else but come on everybody does something stupid.Its fair to just cut down on us.

  36. Don Amber says:

    Do we still have english classes at our school? Perhaps a class where sentence structure, grammar,and punctuation are taught?

  37. KT says:

    Lets be honest here. Are these girls criminals?? No. so why do we keep treating them as if they have broken the law? You all talk about them as if the are satan (sorry) here. I understand athelets sign a “code a conduct” but according to buscos rules you are pretty much signing your life and freedom away. As a former student of busco I personally know the crap that goes on behind closed doors. Teachers talk about other students, administrators pick out certain students they dont like, and administrators have bullied other teachers because no one can stand up for whats right! About 3 years ago busco lost MANY teachers because of the way the administrators treated them. Everyone applauded them for standing up for what is right, but now that 2 students who were falsly punished do it, you all freak out! These girls did not sign a “code of conduct” for the new year which is where their punishment came from.

    Just because someone has 2 or 3 or 4 has a few drinks does not make them an alcoholic. These girls took a few pictures for FUN, its does not make them sex addicts which is how they were punished as well.

  38. SI says:

    After reading numerous articles in the paper and online, I feel that the blame can be placed on a number of individuals. As a former student-athlete at Churubusco, I did numerous things that would have been deemed “unacceptable” behavior for a representative of our high school. Fortunately I was intelligent enough to do this out of public view and not to post it on Facebook like a damn fool.
    Having said that, this punishment that was handed out by my former school totally crossed the line and is another attempt by the school to dictate the behavior of students outside of school(and during summer break no less) much like the drug testing implemented during I believe it was my junior year. This makes me ponder whether our town’s students are ruled by a school board or a panel of czars.
    As far as the ACLU goes, I hope they will restrain themselves from seeking financial compensation from Smith-Green; because in the end you will do great harm to the taxpayers and they don’t deserve anymore financial scrutiny. Whomever decided to print off these pictures and give them to Couch deserves much blame as well. This could have easily been settled between the parents outside of school and we wouldn’t even be having this discussion.
    I’ve read other blogs stating that these girls and their parents are using the ACLU to save their butts and aren’t willing to take responsibility. First off, these girls already made an apology so they obviously took some responsibility. Second off, the punishment (which was reduced) has already been served and we can’t change what happened in the past so why does this have to become a legal matter? In my opinion it would be best to drop the lawsuit, have everyone apologize and make sure something like this doesn’t happen again but there is one main point that stands above all of this. First amendment rights were violated and instead of just following blindly our forefathers broke the rules of tyranny and oppression and created a free nation with the Constitution our sacred Bill of Rights. These same rights are the same ones that young soldiers(some are fellow classmates of mine) fight and die for to maintain so we can enjoy them in our daily lives. When the time calls we should be willing to fight for our rights as well!