Beussink v. Woodland R-IV School District
Encyclopedia
Beussink v. Woodland R-IV School district, 30 F. Supp. 2d 1175 (E.D. Mo.
1998) is an important case in United States law
regarding the First Amendment
and its application in public schools
. It was decided in the United States District Court for the Eastern District of Missouri, Southeastern Division
.
," Nadean Beussink, a junior
at Woodland High School in Marble Hill
, Missouri
. In early February 1998, Beussink created a personal website
on the Internet
, Beussink's own personal computer
and no school facilities or resources. There he made non-defamatory but highly critical remarks of administrators and their actions at Woodland High School, using vulgar language "to convey his opinion regarding the teachers, the principal and the school's own homepage."
A student who had accessed the site during school hours, with the intention of getting Beussink in trouble, showed it to a member of Woodland's faculty. The criticism upset the teacher, and consequently, the principal of the school was informed. During fourth period on the day the principal was informed, Brandon received a five day suspension, citing the 'offensive nature' of Beussink's site as the rationale. During seventh period of the same day, Buessink's suspension was increased from 5 to 10 days. Because of the school's unauthorised absence policy, and in conjunction with Beussink's previous 8.5 days of unexcused absences, his 10 day suspension resulted in his grades being dropped by 8.5 grade levels.
Beussink brought his case to the U.S. District court, who ruled in his favor. The presiding judge, Rodney W. Sippel, said that the suspension was unconstitutional, and breached Beussink's first amendment rights. Sippel ruled that the high school officials did not show that the suspension "was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint." The school was enjoined from using the ten-day suspension in applying its absenteeism policy to Beussink's grades; it was also prohibited to restrict Beussink's using his home computer to repost his webpage.
United States District Court for the Eastern District of Missouri
The United States District Court for the Eastern District of Missouri is a trial level federal district court based in St. Louis, Missouri, with jurisdiction over fifty counties in the eastern half of Missouri. The court is one of ninety-four district-level courts which make up the first tier of...
1998) is an important case in United States law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
regarding the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and its application in public schools
Education in the United States
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory.Public education is universally available...
. It was decided in the United States District Court for the Eastern District of Missouri, Southeastern Division
United States District Court for the Eastern District of Missouri
The United States District Court for the Eastern District of Missouri is a trial level federal district court based in St. Louis, Missouri, with jurisdiction over fifty counties in the eastern half of Missouri. The court is one of ninety-four district-level courts which make up the first tier of...
.
Facts
The complainant was Brandon Beussink, "by and through his parent and next friendNext friend
In common law, next friend is a phrase used to refer to a person who represents another person who is under disability or otherwise unable to maintain a suit on their own behalf and who does not have a legal guardian....
," Nadean Beussink, a junior
Eleventh grade
Eleventh Grade is the eleventh, and for some countries final, grade of secondary schools. Students are typically 16 or 17 years of age, depending on the country and the students' birthdays.-Brazil:...
at Woodland High School in Marble Hill
Marble Hill, Missouri
Marble Hill is a fourth-class city in central Bollinger County in Southeast Missouri in the United States. Located at the intersection of State Highway 34 and State Highway 51, it is the largest city in Bollinger and serves as the county seat . The population was 1,502 at the 2000 census...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
. In early February 1998, Beussink created a personal website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, Beussink's own personal computer
Personal computer
A personal computer is any general-purpose computer whose size, capabilities, and original sales price make it useful for individuals, and which is intended to be operated directly by an end-user with no intervening computer operator...
and no school facilities or resources. There he made non-defamatory but highly critical remarks of administrators and their actions at Woodland High School, using vulgar language "to convey his opinion regarding the teachers, the principal and the school's own homepage."
A student who had accessed the site during school hours, with the intention of getting Beussink in trouble, showed it to a member of Woodland's faculty. The criticism upset the teacher, and consequently, the principal of the school was informed. During fourth period on the day the principal was informed, Brandon received a five day suspension, citing the 'offensive nature' of Beussink's site as the rationale. During seventh period of the same day, Buessink's suspension was increased from 5 to 10 days. Because of the school's unauthorised absence policy, and in conjunction with Beussink's previous 8.5 days of unexcused absences, his 10 day suspension resulted in his grades being dropped by 8.5 grade levels.
Beussink brought his case to the U.S. District court, who ruled in his favor. The presiding judge, Rodney W. Sippel, said that the suspension was unconstitutional, and breached Beussink's first amendment rights. Sippel ruled that the high school officials did not show that the suspension "was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint." The school was enjoined from using the ten-day suspension in applying its absenteeism policy to Beussink's grades; it was also prohibited to restrict Beussink's using his home computer to repost his webpage.