Student suspended for stating on Facebook his teacher was a “fat ass who should stop eating fast food, and is a [email protected]#$* bag.”

February 2nd, 2011

Mashable Reports:

A California high school student has been suspended for making rude remarks about a teacher on Facebook.

The comment in question, which was written after Tobolski was assigned an unusually large amount of biology homework, stated that the boy’s teacher was a “fat ass who should stop eating fast food, and is a douche bag.” The message was posted from Tobolski’s home computer and not during school hours.

It seems that the ACLU is already involved:

In a letter to Mesa Verde High School Principal Rick Messer, an ACLU staff attorney said that tenth-grader Donny Tobolski’s Facebook post was “protected under the state and federal constitutions as well as the Education Code.”

This seems unconstitutional per Tinker, as the status update was made at home, during non-school hours, on a personal computer. I’m not sure whether there was some nexus between the school and the status, and whether it disrupted the school environment, but it seems to be totally separate.