Donny Tobolski didn't call his teacher a fat ass in person, he did it via Facebook status update.  And that's where the story gets complicated.  His comments were rude, in poor taste, and would certainly be grounds for loss of computer privileges at my house - but the ACLU says the school violated federal and state laws, as well as Donny's right to free speech.

According to Mashable, the update was posted from his California home computer, and not during school hours:


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.”

In the letter, which you can read here, to Donny's high school principal, the ACLU claims the tenth grader's Facebook post was "protected under the state and federal constitutions, as well as the Education Code.

What are your thoughts?  Does the high school have the right to issue suspensions for Facebook status updates that are insulting, but non-threatening?  We welcome your comments below.

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