News, Arts and Culture from WFIU Public Radio and WTIU Public Television
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Indiana Student Sues School District For Suspension Over TikTok Video

Two Indiana abortion providers sued the state to keep certain records private on behalf of their patients.
Two Indiana abortion providers sued the state to keep certain records private on behalf of their patients.

A student in a Randolph County school is suing her district, saying the administration suspended her for pointing out students using racial slurs in a TikTok video.

Because she’s a minor, the freshman at Monroe Junior-Senior High School is referred to in the lawsuit by the initials I.B.

According to the lawsuit, I.B. says she was being bullied by students who were using “offensive, inappropriate, and racist” language, including the racial “n-word” slur.  I.B. is White, but says she is known as being an ally for racial justice and the Black Lives Matter movement.

According to the lawsuit, she says she reported the bullying to Monroe Central’s administration, but says they did nothing.  She then posted a nine-second TikTok video created off school grounds that included photos of three students she says were using the slurs.

Monroe Junior-Senior High School Principal David Retherford suspended I.B. for two days.  The lawsuit details a phone call to her home, saying Retherford said the video constituted “slander.”  In the formal notice of suspension, he wrote “It is not her role to ‘police’ other students’ speech.”

An attorney with the American Civil Liberties Union is representing I.B.  In the lawsuit filing, he says the video is completely truthful and accurate and the suspension violates her First Amendment rights.

Dom Caristi is a professor of telecommunications at Ball State University.  He says schools regulating student speech off-campus is a slippery slope.

“It’s understandable that schools would not want it to rise to the level of bullying.  But if it’s something that might rise to the level of embarrassment, should schools be getting involved?  Probably not.”

This case is similar to one  heard recently at the US Supreme Court – where a Texas student’s off-campus video rant got her suspended from her school’s cheerleading squad.

Monroe Central School Corporation did not respond to a request for comment.

Sara Wittmeyer is the News Bureau Chief for WFIU and WTIU. Sara has more than two decades of journalism experience. She led the creation of the converged WFIU/WTIU Newsroom in 2010 and previously served with KBIA at the University of Missouri, WNKU at Northern Kentucky University in Highland Heights, KY, and at WCPO News in Cincinnati.