How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Education Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
Type Your Education Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

Several boys on a weekend text each other and some of it is

Customer Question

Several boys on a weekend text each other and some of it is not politically correct. One of the mothers takes her sons phone to school. The school on Monday confiscate all the boys phones copy the texts and now are going to suspend the boys for a "hate crime" WTF Is the school able to confiscate the phones and what they did was not on school property or school time What say you ??
Submitted: 6 months ago.
Category: Education Law
Expert:  Delta-Lawyer replied 6 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of legal experience handling matters of a similar nature. It is a pleasure to assist you guys today. The school cannot confiscate the phones of students unless there is a breach of policy that took place on school grounds. Since this took place off of school grounds, they have no legal grounds to confiscate the phones. Moreover, unless there is a victim of a defined hate crime, anything said in the conversation is technically considered free speech and thus protected. Moreover, as a result this cannot be a criminal matter as long as there is no victim. We are seeing more of this type of thing though in the legal world. Bot***** *****ne is that it is overreach by the government. That said, things do run fast relative to this topic...especially if they receive media attention. As such, I would recommend the families of those that had their phones confiscated immediately hire local counsel. The goal would be to have the attorney or attorneys sit down with school officials immediately and let them know they have overstepped their bounds here and are subject to their own civil liability as a result thereof. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work. Best wishes going forward!
Expert:  Delta-Lawyer replied 6 months ago.
Just checking to see if you have any additional questions. My goal is for you to leave here confident in your position moving forward. Thanks
Expert:  Delta-Lawyer replied 6 months ago.
Just checking in on you. I hope all is well.

Related Education Law Questions