In both cases the student has broken the rule against texting in class. But in my opinion the teacher is justified in meting out a more severe penalty for case (b) than for case (a). In this case, content matters; free speech rules do not apply.
I disagree with you that content matters under any of the circumstances you listed unless there's a school policy against it.
Perhaps someone who is a teacher can weigh in on this. I'm not one (nor have I been a student in grade school for quite some time) so can't speak authoritatively. But I would be very surprised if you turn out to be right on this.
To me it seems simply common sense that a teacher who intercepted a note being passed in class which said "
**** Darat!" would react differently (and impose a different penalty) than if the note said "
LashL is so cute!". For the latter, simply reading the note out loud to the class and embarassing the student would likely be considered adequate punishment; for the former, I can easily imagine the teacher sending the student to the principal's office or assigning detention. And I do not think any principal or school board would criticize the teacher for applying a harsher penalty to the former offense.
It would also matter whether school policy extends to field trips as to whether rules that govern the classroom also cover field trips.
I agree. In fact, that was the point of my first post in this thread. Sorry if you missed it; please go back and read it if you did.
It all boils down to whether there were rules prohibiting her actions, and what the disciplinary policy is for infractions. If there is a rule against tweeting in the classroom, and if the rules generally extend to field trips (as they often do), then she was guilty of tweeting during class.
Yes. That was the point of my fifth post (the one you are responding to).
We don't know whether she was violating rules or not as far as
making the tweet. We also don't know whether she was violating rules or not as far as
the content of the tween.
Checkmite argued that the tweet's content was excessively vulgar (based on the idea the interpretation that the tweet is saying that Brownback is engaged in fellatio). Tyr_13 argued that the tweet's content is irrelevant. I argued (a) that Checkmite's interpretation is incorrect, and (b) that the content may indeed be relevant, depending on the school's rules (which we still don't know) and the actual circumstances of the incident (which we also still don't know).
It should be noted that, although in the first part of your post you argue that content does not matter, in this later part of your post you argue (as I do) that content does matter:
If there was a rule against being disrespectful of guest speakers, then she is guilty of being disrespectful of Brownback.
That's saying that a respectful tweet would not be a violation but a disrespectful one would be -- a purely content-based distinction.