We have previously discussed the increasing discipline of both students and teachers for conduct outside of the schools. Now a case in Central Florida raises a significant free speech issue after a student was kicked out of his high school, Cocoa High School, for working in the porn industry. At first glance, this might appear reasonable but the problem is that Robert Marucci is 18 and therefore allowed to work in the industry. The industry itself is legal. Thus, the school has expelled a student for engaging in lawful conduct that many feel is morally repulsive.
The problem for Marucci began after students at Cocoa High School discovered his videos on an adult website. The case reminded me of an earlier case where parents “discovered” a former porn actress working in the lunch room. There is no issue with the accusers surfing such sites but the actor is fired. Students then passed around Marucci’s graphic pictures and he was the target of bullies. The school however did not expel the bullies. It expelled Marucci who was engaged in a lawful industry as a consenting adult. He was a senior about to graduate.
His work in the industry was known to his mother, Melyssa Lieb, who said that her son was doing the work to support her financially. I find that particularly sad, but I have great difficulty with the school’s actions if they are expelled a student for lawful conduct outside of the school. Controversies over the involvement in this industry has largely focused on teachers who had prior careers as adults (here and here and here).
School officials insist that he was a distraction and even threatened to bring a weapon to school, which he denies. Moreover, Lieb says that the principal stated that “He was expelled due to his explicit lifestyle career.”
In the meantime, students staged a walkout in protest of their treatment of their classmate — showing again a stronger belief in free speech among students than their teachers.
If the school is now saying that he violated some school code, the family clearly wants the charges to be made public. Thus, there is no privacy issue if the family is waiving objections. I would be particularly interested in seeing not just the specific charges but how such cases have been handled in the past. I must confess that I am suspicious and skeptical when school officials cite undefined “violations” in a case involving a controversy over public morality values. There has been no statement from the principal, Dr. Stephanie Soliven (right).
Unless the school can come up with some major violation unrelated to Marucci’s work, he would well advised to follow his school’s motto: “Perseverance Commands Success.” Perseverance might involve a trip to the federal courthouse and success might require an injunctive order.
Do it, Do it, Do it till you’re satisfied (whatever it is)
Stop watching porn
http://makingandtaking.com/5-reasons-quit-watching-internet-porn/
Darren Smith
… Loco Parentis attitude …
===============
Yep.
Loco parents should not be hired by school districts.
blhlls, “Gay port” is a great Freudian slip.
The school district will soon find that “I don’t like that” is no longer the quaint excuse it once was. See: United States v Windsor.
I agree the school had no cause to expell this man. The only evidence if it went to trial he needs to present is a birth certificate, his w2 or 1099 forms from his employer and a copy of the expulsion letter and the school is done. Many schools can’t get past the In Loco Parentis attitude over their students. Once someone turns 18 that is over. But yet schools and in some cases colleges stil hold the belief it doesn’t. I can envision a summary judgement in favor of the student.
Schools are teaching a real command of the issues eh?
Reblogged this on Dead Citizen's Rights Society.
Maybe the civil right involved is not a free speech right. It is 14th Amendment equal protection under the laws Klaus and due process clause. If it is a public school then the principal is a “state actor” under Section 1983. In my Complaint I would stress, for humor, his role as a “private actor” and her role (if principal is a she) as a “state actor”. I don’t know why they spull the head of a school with the ending “pal”. They are never your pal.
I would “out” the Principal and all school board members in public for anything that they have ever done which might embarrass them. I would go online and ask the Principal’s former school class mates what he or she did back in high school. Any photos out there of her in her underwear? Or him in his Klan uniform?
http://www.floridatoday.com/article/20140121/NEWS01/140121009/Student-claiming-suspended-porn-work-return-class-
He’s back in school, but the administration is still sticking to it’s story that suspending him had nothing to do with his job.
Florida seems to be a magnet for cases that seem made for reality television. it is pathetic that the kid feels compelled to do porn to support his mother and I have to wonder about her role in all of this. OTOH, he’s an adult and the schools have not put forward a specific policy that he’s violated. If he were a teacher, there’d probably be a morals clause that this would have violated.
According to another news story, it was gay port without a condom. It’s a said commentary on the school that the reaction is to suspend him rather than be concerned about him.
The other students who are passing around the photos and bullying Marucci are the ones guilty of the disruption. Have any of them been suspended for possessing pornography in school? That has got to be a violation.
Unless the school can come up with some major violation unrelated to Marucci’s work, he would well advised to follow his school’s motto: “Perseverance Commands Success.” Perseverance might involve a trip to the federal courthouse and success might require an injunctive order.
First read that unless the…… SOUL can ….
This is just as about as crazy as anything I’ve heard of…..
“He was expelled due to his explicit lifestyle career.” So if it wasn;t “career” it would be okay?. If not then they have to expel all who they know use illicit drugs, all who bully, all who cheat or do anything else illicit, and explicit (so therefore you need to learn to do illicit things far, far under the table)
The school district is way over the line here and I agree that they family should take some legal action. How in heck can any school district have the ability to expel a student for engaging in lawful activities outside of school and off school grounds. It is a ludicrous move by these administrators.
Too often authorities take action that requires an individual to seek legal redress.
If an 18 year old has to do porn work to support the family, what is the likelihood that they have sufficient money to hire a lawyer? Too often people go away embittered but with no means to redress a wrong.
That leaves contingency lawyers (is there enough money at stake to attract that kind if talent?) and legal aid groups (Institute for Justice?) and they are over stretched.
If the kid wins, the school will just spend some taxpayer money and move on.
If the kid loses, everybody is out and an injustice persists.
There needs to be some sort of punitive element in resolving potential abuses of authority.
Although not stated explicitly, I’m getting a vibe this was a gay porn site? I doubt he would get bullied if it were a hetero site. Let’s @ least be direct on the issues. I think he was a great suit against the school. Regarding the bullying, in a perfect world it wouldn’t matter if it were gay or hetero sex. But, in reality, I have no doubt this kid knew the consequences vis a vis his peers regarding gay porn. I have empathy for the kid. But, he knew the downside.
Reblogged this on News You May Have Missed and commented:
Florida High School Student Expelled After Disclosure Of Work In Porn Industry
Interesting. I’ll need to give this some thought.