You may have heard about Emma Sullivan, a senior at Shawnee Mission East High School in Prairie Village, Kansas. She was participating in a Youth in Government program in which Kansas Gov. Sam Brownback was speaking. During the introduction, Sullivan posted this on her Twitter account:
The reaction by authorities was swift. The principal called her to his office and demanded that she apologize to the governor. The governor's communications director said that the Sullivan's comment was disrespectful.
An Internet debate ensued -- some argued that Sullivan was exercising her First Amendment rights to criticize the governor; others said that she should be more respectful and should apologize.
The development yesterday was that Gov. Brownback apologized to Ms. Sullivan, according to this news report by the Morris Daily Herald. “My staff overreacted to this tweet, and for that I apologize. Freedom of speech is among our most treasured freedoms.”
Of course, if you've been following along in media law class, you know that students have First Amendment rights (Tinker v. Des Moines Independent Community School District), but that those rights are limited (Morse v. Frederick, Hazelwood v. Kuhlmeier and Bethel School District v. Fraser).
Please share your thoughts about this in the comments section. And I hope you remember this long after you've forgotten me and the class: Interesting current events related to media law abound.
53 comments:
I think it is fantastic that Gov. Brownback apologized on the behalf of his staff and their overreaction to her tweet. She IS fully protected by the First Amendment and has the right as an American to state how she feels. Yes, morally, it is disrespectful to say that to a political figure, but being on the subject of media law we have to throw that word out. Personally, I would not have the guts to tell a politician my negative opinions to his or her face. I admire her ability to stand up for what she believes in and making her voice heard. That is a freedom that not all Americans take advantage of.
For me Emma Sullivan is walking a fine line of what her rights as an American citizen are and what is ethically/morally acceptable. One part of me loves what she did in excercizing her right of free speech and the other thinks that she should respect the office of the governor in her home state and hold her opinions to herself until she leaves. If I got the chance to meet a high ranking politican (president, governor, etc) I would keep my opinions to myself even if I did not agree with him/her politically. However, I can't believe the school tried to get her suspended and that Gov Brownback demanded an apology. He should know, as he later came to realize, freedom of speech is among our most reasured freedoms. I think as governor of a state he should more important things to worry about than getting his feelings hurt by an 18-year-old high school student.
Robert Casanova T/TH 2 pm
Emma was just letting her followers know what was going on. I highly doubt that if she had posted it after the entire program was over, nobody would've reacted in the way that they did at the time. Many people across the country post negative remarks like that after attending campaign speeches and we don't see any sort of action taking place, so I don't know why they made such a big deal out of this post.
Marc Escalante 2-3:20
I think Emma was just practicing free speech. From what it sounds like, she didn't exactly go the mature route to tell him, but nevertheless, it's still free speech. I think if she threatened him in any way or blasted false information about him on Twitter, that would be another story, but in this case, she's just stating her opinion.
-Sarah V. 2 p.m.
I think Emma Sullivan was just exercising her First Amendment rights by tweeting her opinion of the governor . There are probably better ways for Sullivan to make her personal opinions known, but she shouldn't be formally punished or have to apologize for her tweet because it is protected speech under the First Amendment.
M Yoes T/Th 2:00
Yes, students have first amendment right, but this girl was participating in a program which means that she is not only representing herself, but the program as well. She should have made her comments at a different time and place so as to not involve this program that has other people involved. People who probably don't agree with her.
Gerardo Avila TTH 9:30a.m.
I disagree with Meredith on the count that Emma was representing the program and not herself. She was posting on her personal Twitter account not the school or program's Twitter. She was exercising her freedom of speech. I do believe Emma was very blunt and immature in the way she expressed herself to the governor. Marc is right. Had she done things the mature way and posted the remark after the program, this wouldn't be news.
This story is a great indication that Twitter and Facebook have officially jumped into the debate for free expression in media law, if they have not already. I think this girl was justified in her thoughts, although she is in high school and a reflection on the school in some ways, why treat a child like a child when they need to learn to develop their own beliefs?
I feel that her first amendment rights are protected here, and she should not have had to issue an apology to an elected official who receives hate mail and letters of criticism every day. If he didn't want to be in the public light, he shouldn't have run for public office. Voters are allowed to have their opinions, and although she wasn't of voting age yet, she soon will be.
Me personally, I would probably never post or tweet something of that nature to the Internet, especially if my name was attached. That knowledge has also came from a lot of information regarding subjects in mass communications that I have learned. Emma probably was just being a normal high school student and didn't think about what she posted, before she posted it for the whole world to see. I think that yes, she did have to the right to post that, but as far as respect goes, it was very disrespectful.
Katie McElmurray
TTH 9:30
I personally feel that everyone, including the school and the governor's staff, was overreacting over Emma's comment. Firstly, she didn't say anything specific. She just said that he blows. That's an opinion. Not a very interesting or informative opinion, but an opinion nonetheless. Secondly, why would the governor or his staff even care about what a high schooler has to say about them? Especially on a Twitter post. I would expect my 12 year old sister to get mad about something like that - not grown, educated people.
Like Katie said, I would not be posting things of this nature with my name on it on the Internet, either. Although Emma didn't say something extremely offensive, she is still going to be seen as disrespectful and rude. That's something that's probably going to affect her when she applies to jobs, as well as other situations.
Lastly, isn't the whole point of the First Amendment to be able to express yourself regarding government and government officials without being punished? The governor and/or his staff are now going to be seen in a different light because of this. As is the school, but most people have negative opinions about school officials, anyway.
Tatiana Salazar, 2 p.m.
I'm confused at my this is even really an issue. It doesn't say that you have the right to speak freely as long as it's respective. Also, supposedly she didn't even actually say anything during the speech, she's just being a typical 18 year old trying to seem cool online. I appreciate that they apologized for overreacting.
Journey Jolley
t/th 9:30
It's certainly worth appreciation that Governor Brownback took the high road in coming down on his staff for demanding apologies. The same cannot be said of Ms. Sullivan.
As the Hazelwood case does make limitations to what a student can say or right that will be protected by the first Amendment, she cannot be penalized by the school since it was not a school-sponsored activity. One could point to Fraser as an example of a school coming down on a student for an outside activity, but Sullivan was not advocating anything illegal nor was she inciting anything. As disrespectful and silly as she was, she is neither encouraging anything illegal or harmful nor making her comments at a school-sponsored activity.
While her tweet isn't verbose, eloquent, or of a high standard, she is protected nonetheless.
Staci De Leon
9:30 a.m. T TH
I love it, people post stuff like this all the time about Obama, Perry, Cain, Bush, you name it. As public officials they shouldn't get so hurt by these opinions, unless they truly do suck. Plus, as all the other media law students said, we have freedom to say and post our opinions, and we do so proudly. The only thing that should have been done differently is that Gov. Brownback's staff should have just laughed about it, because now an 18 year old can sit back and chuckle at the whole situation, while Brownback's staff just looks stupid. (Well in my eyes anyway)
Gov. Brownback is a public figure, people do have a first amendment right to speak freely about him. The student most likely didn't think before she posted this. The way the tweet was written, it seems like she was just trying to seem "cool" to her friends online. Although it was disrespectful she still has her rights to free speech. I do respect Gov. Brownback for apologizing on behalf of his staff.
Amaris Sanchez
TTh 930 a.m.
I absolutely concur with Journey, Emma was just being a typical 18-year-old tweeting to look cool. I highly doubt that she had any notion that her tweet was going to broil a debate by people outside of her "league." I bet you, she was surprised more than anyone, about the outcome of her action. For our class purpose, I would say that she is protected by the First Amendment, given that Gov. Brownback is a public official. Tatiana, this girl is not going to be affected by what happened, No. Matter of fact I think she is a heroine! She made News!
Lynn A.
(TTH-2pm class)
She was just saying what was on her mind. It's funny that they were mad and demanding an apology for what she tweeted but not for what she said to the governor's face. We have the right to free speech and they can't really do anything about it. She probably should have waited until later or not written it at all because it was going to cause a problem no matter what. I respect Gov. Brownback for apologizing on behalf of his staff. He could have stayed silent and let it continue but he was the bigger person.
Taylor Duffy
T/Th 2:00 pm
Robert B.
2:00 T TH
I find this story to be a bit bizarre. All Ms. Watson said was Sam Brownback "blows a lot" -- which is hardly controversial. It's a pretty reasonable opinion to have about Gov. Brownback, actually. I also think the governor demonstrates how much he blows by running an organization which sees it fit to hound teenagers who post negative comments about him on Twitter.
The worst offenders in all of this, however, were the school. How could anyone see attempting to extract a forced apology/confession from a student to be a good idea?
I have to give Emma Sullivan props for stepping up to the plate and sticking to what she said. High school students are obnoxious, but usually when they have to face the law they run (pun intended). The article says that it's important to teach students to respect institutions. I agree completely, but to a certain extent. When I was in high school they enforced that principle to the point that students would follow rules blindly. In my opinion we need people like Sullivan to stir the pot and keep politicians on their toes.
The article also says its scary for everyone when social media posts like Sullivan goes viral and is unmanageable. I disagree. Who is this really scary for? The politicians who have to keep their image clean. Not the student who has to spend a couple of hours after school in detention. The internet is a government watchdog and critic that the government can't figure out how to take control of without heading into a whirlwind from the public.
I wanna say Emma is protected by the 1st. And thankfully she's an 18-year-old high school senior who's actually involved with the political process. When I was in high school, there weren't a lot of people my age who even knew who the governor was... more or less cared about what was going on in state government. So I commend Emma for being involved. And her superiors should too. She gave her opinion on a public figure and she should be protected to do so. BUT I think because she's in high school, people want to treat her like she's, well, in high school. Like parents telling their kids to "wash their hands"; say "please" and "thank you." She's expected to act a certain way for her age and respect school authorities e.g. Bethel School District v. Fraser, c'ept she wasn't using sexual innuendos... Also, I'm sure the high school doesn't want to look bad, being as she was commenting on the governor after he appeared at a school sponsored event e.g. Morse v. Frederick... c'ept it was afterwards, online (which is practically public) and Emma wasn't promoting drugs. So, argumentatively speaking, she's protected by the 1st.
Jill Ament T-Th 930-1050a
I think Emma has First Amendment protection. Political speech is protected fully by the First Amendment. I'm surprised the Brownback's staff and the school overreacted so much. Honestly I think they backed off so fast because they realized they were in the wrong. Hence the apology from Brownback. The school shouldn't have any say in whether she apologizes either. It's her right to say a political message. Sure she's young and was probably trying to act tough in front of her friends but it's still protected.
I think the student has every right to express her First Amendment rights, although the tweet might have seemed disrespectful, if anyone over the age of 18 had posted this tweet nothing would have happened. In my opinion the student did nothing wrong and should not be punished.
Staci Revilla
TTh
2-320
I agree with everyone who said she has the right to express her opinions. If she thinks the governor sucks then let her tell anyone who will lisen. They should be congratulating the young girl for having an interest in politics not trying to suppress her beliefs. No one ever gives any credit to the young people. Why are older people always so quick to label a child's opinion as an immature act rather than a credible statement?
Braden Biggers / T-Th 9:30
I also agree with my classmates. Sullivan has a right to express herself through Twitter or any social media outlet. Compared to most tweets i see on a daily basis, this story should not have been anything to blow up about. Its her feelings and she was not physically harming anyone, or causing emotional distress or any factors of that matter. I'm glad the Gov. Brownback apologized because that shows he understood that this situation was not something to belittle or scrutinize. Glad this story is slowly settling down.
Whitley Grant
TH 930
I have to agree with the majority here. This is not about how immaturity of the message and whether she posted it with her name attached or not. She has the right to express what she wants about a government official.
As for the Gov. Brownback apologizing-- I think that it was a good choice on his part to do some PR for himself on that end. He knows his communications director overreacted. Covering his butt seems to be a good call for him.
I agree with Robert B. In his comment he mentions that "The worst offenders in all of this, however, were the school." The school forcing Sullivan to apologize for her actions (which is her freedom of speech) is ridiculous. It seems like some type of lawsuit waiting to happen if you ask me.
Ashley Flores
TTH 9:30AM
I think she has the right to tweet about this matter. It was not a threat of any kind, it was just a simple thought. I think it was great of Gov. Brownback to apologize on behalf of his staff for overreacting. I agree and think she has the right to tweet what she wants. I have seen way worse tweets than this. I agree with Ashley and Robert stating, "The worst offenders in all of this, however, were the school." The school should have sat Sullivan down and confronted her about the situation. They should not have made her apologize for this. I'm sure they didn't want this to get out to the media, and then reports would fly around saying the school didn't do anything about it, but it made them look bad.
Lauren Lewis
TTH 9:30am
While I do believe the student's speech is protected, I still kind of feel like her comments were childish and unnecessary. Had she addressed some specific reasoning to support her claims that the governor sucks, I may have taken her more seriously. As they stand though, her comments fall flat, no better than a heckler at a comedy club. And as far as I know, you can't punish someone for lacking tact.
I applaud the governor for his statement. He handled the ordeal gracefully. I also find it amusing, because it really takes the sting out of the student's comments. I mean, what's more frustrating than attempting to insult someone just to have them turn the other cheek? Few things.
Brittani Wray
T/TH 2 p.m.
While her comment was immature, she was exercising her First Amendment rights and for that I applaud her. The governor's apology did give me a little more faith in government, it says a lot about his character to recognize that she was simply speaking her mind and to say that his staff overreacted.
I think Emma, and every other breathing form of life, has a right to express thoughts, views, and comments towards political figures. It's not like she was threatening to assassinate him or anything. If she wants to express her free speech, whether she's being "mean" about it or not, she still has the right to "Speak Freely". I'm impressed that the Governor actually apologized for his staff's reaction.
-Jeana' Jacobsen 2:00-3:20
Dalida Umuhire
Media Law 2pm
The way I see it is she does have a right to say what she feels. Kind of like we learned, he's a public figure.
But looking at the school, I understand why they would respond that way, she's making the school look bad and perhaps her comments are causing a lot of chaos at the school.
As much as we all like to think the things we post online are private, they aren't. However, I agree that she had a right to say whatever she wanted and it's just silly that things like this are a fuss or that people expected her to apologize. Even if she is 18 and tweeted her opinion sort of immaturely, she still has that right. I would think she would rethink her opinion about the governor considering he pretty much defended her. I mean, if someone said you blew a lot would you rise to their defense? I can't say I would. Maybe he does really blow though. That's what is wonderful about it! He may or may not, but a negative opinion should be just as valued as a positive because for the most part, voicing our opinions is a protected right and we should exercise it.
2 p.m. class
I believe that Emma has the right to speak freely and openly. I feel that the principle reacted in a typical way. He was just trying to protect the schools reputation, especially since they had a high-profile speaker. Though, I do wonder why the principle would place such a high value on the student's ambiguous comment. Surely, he knows that the governor must receive more precise criticism by more respected individuals everyday. As for the governor's staff, they should be used to things like this and not have blown it out of proportion.
Christopher G. 9:30a.m.
I think Sullivan could have expressed her feelings in a more well thought out way, but I don't believe she has any reason to apologize (unless she wants to apologize for not being as nice as she could've been about it)for stating her opinion. It's nice that the governor apologized, though, for his team's overreaction to a young woman's use of her first amendment rights.
Samantha S.
9:30am
Well yeah, when I first heard this story I was upset that the principle made her write a letter to apologize. She never said if she was actually going to do it but its the matter of the situation. I even got on twitter and updated my status telling emma not to do it and that those people deserve a lit bad of dog poop on their doorstep.
Fabian Juarez 9:30am
Regardless of that fact that I do think it was disrespectful for her to criticize a politician in the public eye, but I think it is pretty cool that she had the courage to make a stand for what she believed in, whether or not it was disrespectful.
I however, would not have had the guts to make such a statement, but more power to her.
She has every right to speak about her beliefs, as she is protected by the First Amendment and the right to express an opinion.
-Lindsey M.
Well sheesh, I say things like this all the time on my twitter. I would be upset if I was asked to apologize and remove my tweets. Twitter is a valuable outlet for anyone to express their opinions, and I think it's cool she spoke her mind.
Oh, this is Lane Garlock from the T/TH 9:30AM
Lindsey Drake
TTh 9:30
I think it is a bit ridiculous that the school principal and governor’s officials demanded an apology from the high school student on the basis of being disrespectful. There are grown adults who do not act or behave respectfully toward public officials, but that’s because they don’t have to. The beauty of the First Amendment allows anyone to state their opinion without being penalized for the distasteful topic or immoral content. I can understand the reason for the intense and immediate action on the officials end, even though it did go overboard. The reason is due to control. In every society, school employees and public officials continuously attempt to limit the extent of high school students’ rights. It is reassuring to know, however, that this urge to control stems from the need to protect and provide, but there is no doubt that school districts and officials often go overboard. The governor’s apology to the high school student was a smart move on his part and for his political livelihood. However, if it weren’t for the amount of coverage of this story in the media, I doubt that Brownback would have taken the actions to correct his mistake as readily as he did.
Selina Smith TTH 9:30
Thinking back on all of the cases that we're discussed in Media Law concerning First Amendment rights, I have to say that Emma Sullivan did in fact have the right to express her feelings about Gov. Brownback on Twitter. Sullivan posted the comment on her own account, not involving anyone else in the comments she made. Although some may disapprove of her actions, such as her principal, citing the comments as disrespectful, the simple matter of fact is that we live in a country where speech is a direct line of First Amendment rights. Whether we approve of the comments or not, Sullivan does have the right to express her opinions.
Josh Kahanek TTH 930
Although disrespectful, Sullivan was totally within her first amendment rights. The episode was blown way out of proportion initially but Brownback showed some character and responsibility in recognizing Sullivans Freedom of Speech.
Ms. Sullivan was well within her 1st amendment rights when she expressed an opinion about the governor. WIth that said, the office of state governor is still due a certain amount of respect. My issue with Ms. Sullivan is that she "made mean comments" and told the governor that he "sucked." Perhaps she should offer up some real criticism.
Ryan Smothers
TTH 2pm
Allison U. 2:30
I believe that Ms. Sullivan had every right to voice her opinions, regadless of its distasteful nature. We have the right to criticize our leaders and we should be able to do that without fear of punishment. Like other people have commented, she is a young girl trying to be funny and I dont think her comment carried much weight.
In the realm of political comments, I think hers was pretty harmless. Yes it was disrespectful and I personally would not post something like this, but she was acting in her First Amendment rights to do so. I also appreciated the governor's apology and recognition that this situation was blown out of proportion probably because she was a high school student.
Brittany Martinez 9:30am class.
I think Sullivan was just expressing freedom of speech, I don't think she realized that her tweet would have gotten so out of hand- and so fast too. I was shocked that Gov. Brownback apologized, it is amazing he recognized that she was only expressing her opinion. I think though the situation was taken way too far was because she is still a high school student, and they technically still have a lot of rules to follow. Still, this whole event was pretty interesting.
This story doesn't surprise me at all. I believe students should be able to practice free speech without punishment or censorship, but from my own school experiences and the cases we studied in class I've come to expect censorship in high schools. Perhaps the school would've taken her more seriously if she'd posted something with more of an argument than "he sucked" and "he blows a lot." Nonetheless, I still think this kind of speech should be protected regardless of where it takes place.
Corey H.
TH 2 p.m.
The tweet, in my opinion, was hardly anything to get upset about. She didn't say anything threatening, she merely expressed her feelings about him, which is protected by the First Amendment. And I'm not sure of her exact age, but if she is a high school senior, it is very possible she is 18, which means her rights should not be limited.
Mark Wilson
t-th 2
If this student was participating in a government program, should the administrators of the program hold the values of our constitution, such as free speech, in high regard? This is a clear example of how messed up education is in the United States. Students are taught that appeasing others is more important than fighting for a belief. Schools are to concerned with being embarrassed and not concerned enough with educating students and teaching them to think for themselves.
Sam Bruce said: The yahoo news report I read stated that the young lady was upset over the fact that Gov. Brownback has cut funding for the arts and music programs at the public schools of the state of Kansas. The original tweet was intended for her 65 friends listed on her account. The governor’s staff in charge of responding to the online postings software that mention his name, dropped the ball when they let this snowball into a national news story and drew attention to a fact that may have gone unnoticed had he not made such a pompous response over a high school girl exercising her right of freedom of speech which was intended for her small group of friends. The tweet was just a goof for the entertainment of her friends and she never actually spoke to Brownback. The over reaction on the governor’s part sends a chilling effect to others who believe they are not being monitored on twitter.
I believe that this issue is a matter of conduct. There are written and unwritten matters of respect that are expected when attending a public school. Freedom of speech can only get you so far without getting you into trouble. Brownbeck's staff may have overreacted but as a public official, he deserves to be approached in a reasonable manner. If she had something to say, she should have maintained her composure and addressed the issue civilly. Her acts were very impulsive.
Skylar Kasper
She was just expressing freedom of speech. She was just using the tweet as entertainment with her friends. To me, she was merely expressing her feelings in which is protected in the first amendment.
Gov. Brownback acted very professionally and gets a W in my book.
John Elmore t/th 12p.m.
I was impressed to read that Gov. Brownback apologized to Emma Sullivan. There is no way that she should have to apologize for one (possibly rude) tweet. I'm on Twitter all day long and I read tons of disrespectful and insulting tweets towards all different celebrities and even President Barack Obama. If they were going to punish her or force her to do something that she didn't want to, such as apologize, then they would have to go after the millions of other people who do the same thing every day. She is definitely protected by the first amendment and I think everything online should always be protected the same way. Freedom of speech is sacred. Everyone is allowed to have their own opinions and share them any way they please. End rant
Brianna Blowers
M/W 11:00
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